^>  ■ 


rij     iA  '-' '      ^v;■^ '  >    .  '■-.'^. 


e"&=*>^. 


fi 


w 


CAMBRIDGE   UNIVERSITY   PRESS   WAREHOUSE, 

C.  F.  CLAY,  Manager. 

ILonUon:   FETTER  LANE,   E.G. 

aRjinbutflfj:  loo,   PRINCES  STREET. 


leipjifl:  F.  A.   BROCKHAUS. 

Bfrlin:   A.  ASHER  AND  CO. 

i^tto  gorfe :  G.  P.   PUTNAM'S  SONS. 

Jaombap.  anU  Calcutta:  MACMILLAN  AND  CO.,  Ltd. 


[/4//  Rights  reserved] 


STUDIES 

IN 

ENGLISH    OFFICIAL 
HISTORICAL    DOCUMENTS 


BY 
HUBERT    HALL,    E.^rA: 

OF    H.M.    PUBLIC    RECORD   OFFICE 

READER  IN  Palaeography  in  the  university  of  London 


*'.•  Ai,  J  i*  '•,••.'». 5 '»::. 


CAMBRIDGE  : 

AT  THE   UNIVERSITY   PRESS 

1908 


Catiibriligt : 

PRINTED   BY  JOHN    CLAY,    M.A. 
AT   THE    UNIVERSITY   PRESS. 


PREFACE 

AMONGST  the  numerous  works  which  have  dealt,  at  different 
./i.  times,  with  the  history  of  the  PubHc  Records  and  with  the 
description  of  their  nature  or  uses,  it  is  scarcely  surprising  that  the 
great  majority  are  due  to  the  professional  zeal  of  native  archivists'. 
We  should  also  be  prepared  to  find  that,  with  several  important 
exceptions ^  these  works  have  been  produced  by  private  and  not  by 
official  enterprise.  The  bibliography  of  this  class  of  antiquarian 
literature  is,  indeed,  extensive^  and  includes,  besides  the  elementary 
essays  of  i6th  and  17th  century  official  antiquaries,  several  valuable 
works  produced  during  the  Victorian  period.  Moreover,  during  the 
last  thirty  years,  these  unofficial  printed  books  may  be  supplemented 
by  numerous  articles  and  other  periodical  essays  which  are  not  ex- 
clusively published  in  antiquarian  journals*. 

At  the  same  time  none  of  these  publi.shed  books  or  articles  will 
be  found  to  deal  in  a  comprehensive  manner  with  the  several  aspects 
of  the  national  Archives  which  concern  the  historical  student*.  The 
practical  Guide  to  the  official  sources  does  not  indulge  in  any  dis- 
quisitions upon  their  formulas  or  scripts.  Similarly  the  hand-book 
of  Palaeography  is  not  concerned  with  the  historical  aspect  of  these 
documents,  nor  does  the  essay  in  Diplomatic  deal  with  the  principles 
of  their  classification.     Doubtless  the  next  few  years  will  witness  a 

'  A  notable  exception  occurs  in  the  ca.se  of  Edward  Edwards'  well-known  Libraries  and 
Founders  of  Libraries  (1865).  This  author's  Synoptical  Tables  of  the  Records,  produced  as 
an  Appendix  to  the  above-mentioned  work,  was  in  advance  of  his  times.  The  hand-book  of 
Mr  Walter  Rye  and  Mr  W.  J.  Hardy's  monograph  on  the  Rolls  House,  &c.  are  conspicuous 
in  more  recent  times.  Treatises  on  genealogical  and  other  special  aspects  of  the  Records  are 
not  included  in  this  consideration. 

'  e.g.  the  well-known  official  Guide  by  Mr  S.  R.  Scargill-Bird  replacing  the  Hand-book  of 
F.  S.  Thomas.  Under  this  head  would  be  included  the  Report  on  the  Rolls  Chapel  and  the 
Catalogue  of  the  Public  Record  Office  Museum  by  Sir  H.  Maxwell  Lyte. 

*  Cf.  C.  Gross,  Sources  and  Literature  (Section  1 7  and  passim).  Quite  recently  Mr  L.  O. 
Pike  has  published  a  notable  monograph  on  the  Public  Records. 

*  e.g.  by  Sir  H.  Maxwell  Lyte,  Dr  Jas.  Gairdner,  Messrs  S.  R.  Scargill-Bird,  C.  Trice 
Martin,  R.  A.  Roberts,  the  late  W.  N.  Sainsbury  and  W.  D.  Selby  and  several  of  the 
younger  members  of  the  Public  Record  Office  Staff. 

*  An  exception  may  perhaps  be  made  in  the  case  of  Mr  Ewald's  well-known  work  Our 
Public  Records  published  in  1873  and  dedicated  to  the  Master  of  the  Rolls.  This  deals  not 
only  with  the  history  of  the  official  Archives  at  large  but  also  with  their  classification  and 
philological  aspect.  2d.00H0 


vi  Preface 

great  activity  in  these  directionsS  and  quite  recently  several  in- 
structive essays  have  appeared  of  which  the  present  writer  has 
unfortunately  been  unable  to  avail  himself  fuUy^ 

In  view  of  the  frequent  discussion  of  the  subject  in  the  past  and 
the  still  closer  attention  which  it  has  received  in  our  own  times,  the 
author  of  this  collection  of  desultory  studies  is  fully  conscious  of  their 
many  and  serious  defects.  The  question  to  him  was  not,  however, 
one  of  personal  interest,  but  whether,  in  the  absence  of  any  other 
comprehensive  treatise,  such  a  work  could  be  helpful  to  British 
students  and  to  the  foreign  students  whose  teachers  have  so  feelingly 
lamented  the  dearth  of  scientific  writings  on  this  subject. 

The  substance  of  the  present  volume  was  in  shape  more  than 
ten  years  ago,  but  the  author  found  himself  unable  to  give  an  assured 
answer  to  this  question.  He  had  indeed  already  resolved  to  await  the 
opportunity  for  further  study  and  revision  that  only  retirement  from 
official  life  could  give,  when  a  circumstance  occurred  which  altered  his 
resolution.  A  laudable  ambition  on  the  part  of  certain  students  to 
produce  a  much  needed  Formula  Book  of  official  documents^  rendered 
it  desirable,  for  obvious  reasons,  that  the  authority  for  the  arrange- 
ment and  conclusions  of  that  work  should  be  forthcoming. 

For  the  rest,  the  exceptional  scope  in  respect  of  date  and  matter 
of  these  single-handed  labours  in  a  three-field  domain  of  historical 
culture  may  serve  as  some  extenuation  of  the  many  defects  that  a 
scrutiny,  made  under  more  favourable  conditions,  must  reveal  in  the 
work  of  every  pioneer. 

The  author  has  to  express  his  acknowledgment  of  the  kindness 
of  his  friend  Professor  T,  F.  Tout  in  reading  the  proofs,  and  of 
the  proprietor  of  the  AthencBum  and  Mr  Murray  in  permitting  him  to 
reproduce  in  the  present  work  a  few  passages  that  were  originally 
published  in  the  above  journal  and  in  the  Quarterly  Review.  He  is 
under  many  obligations  to  the  Printers  and  Reader  of  the  Cambridge 
University  Press  for  their  attention  to  the  typographical  requirements 
of  very  technical  matter.  H.  H. 

August,  1908. 

^  The  article  on  Records  for  the  new  Encydopcedia  Britannica  should  prove  of  special 
value.  The  Palaeography  of  the  Records  is  also  engaging  scholarly  attention.  Record 
officers  will  be  responsible  for  each  of  these,  whilst  they  will  also  have  encouraged  the 
important  studies  of  M.  E.  Deprez  in  the  Diplomatic  of  the  Records.  But  Diplomatic 
enterprises  of  an  equally  important  character  are  promised  by  Professor  T.  F.  Tout, 
Mr  C.  Davis  and  Professor  Haskins. 

2  Amongst  others  by  M.  L.  Delisle  and  Dr  J.  H.  Round,  Professor  C.  Gross  and  Messrs 
L.  V.  Harcourt  and  F.  M.  Powicke. 

3  A  Fornmla  Book  of  English  Official  Historical  Doctiments.  Part  I.  Diplomatic 
Documents.  Selected  and  transcribed  by  a  Seminar  of  the  London  School  of  Economics. 
Cambridge,  at  the  University  Press,   1908. 


TABLE    OF   CONTENTS 


PART  I. 

THE  SOURCES   OF   OFFICIAL   HISTORICAL   DOCUMENTS. 
Introduction  to  the  Study  of  Official  Sources. 

Definition  of  Historical  Sources — Documents  in  Archives — Importance  to  students 
of  their  "  discovery  "  as  Sources — if  preserved — and  accessible  —or  pubUshed — 
The  "  unknown  quantity  "  in  these  Sources — discoverable  by  the  "  Science  of 
Archives" — Early  neglect  of  Records — Losses  of  Records — Documents  re- 
moved from  official  custody — The  partial  use  of  Records  by  historians — The 
question  of  a  British  Ecole  des  Chartes — The  need  of  a  historical  "concord- 
ance" to  the  Archives.  PP- 1 — 12 

The  History  of  the  Archives. 

(a)  Records.  Evidences  of  the  custody  of  Records  in  the  pre-Conquest  and  post- 
Conquest  periods — History  of  the  ancient  repositories  of  Records — at  West- 
minster—at the  Tower  of  London — at  the  Rolls  Chapel — and  Temple  Church, 
&c. — Local  repositories  of  Records— Early  Record  establishments — Official 
abuses— Projects  of  reform — The  Public  Record  Office  Act — Modern  develop- 
ments— Local  Records.  PP.  13 — 29 

(b)  State  Papers.  Distinction  between  State  Papers  and  Records — The  transition 
period  under  Henry  VIII— The  king's  "Study"  or  Library  at  Westminster  or 
Whitehall — The  early  custody  of  State  Papers— Sir  Thomas  Wilson— His 
office  and  career— Sir  Joseph  Williamson — Reorganization  of  the  Office  during 
the  1 8th  century — The  Collector  and  Transmitter — The  Methodizers— Position 
of  the  Papers  in  Whitehall— John  Bruce  and  the  new  Paper  Office — The  State 
Papers  placed  under  the  custody  of  the  Master  of  the  Rolls — transferred  to  the 
Rolls  repository.  PP.  30—43 

{c)  Departmental  Records.  Growth  of  the  State  departments— before  the  Re- 
storation—and after — Effect  of  their  vicissitudes  upon  the  preservation  of 
Archives.  PP.  43—62 

The  Classification  of  Archives. 

(a)  Records.  Existing  systems  of  classification— A  "diplomatic"  classification— 
"Judicial  Proceedings"— "Ministerial  Proceedings"— Diplomatic  Documents — 
Precedent  Books — Miscellaneous  documents  acquired  or  deposited— Advan- 
tages of  a  "diplomatic"  classification.  PP.  63 — 60 

(p)  State  Papers.  Their  definition,  as  distinguished  from  Records— and  from 
Departmental  Papers— The  Secretarial  collections— System  of  classification 
adopted  by  Sir  T.  Wilson— and  by  Sir  J.  Williamson— Attempted  classification 


viii  Contents 

by  the  Methodizers  (1763 — 1800) — Early  ofiicial  Lists  of  the  State  Papers — 
The  "State  Paper  Office  List"— The  Public  Record  Office  Lists— Theory  of 
an  historical  classification  of  the  State  Papers.  pp.  60 — 70 

{c)  Departmental  Records.  Difficulty  of  classifying  departmental  Archives — 
Theory  of  their  classification — Departmental  groups — Modern  systems  of 
official  classification.  pp.  70 — 74 

The  Analysis  of  Archives. 

{a)  Records.  The  historical  importance  of  Records — recognized  in  modern  times 
— Limitations  of  this  historical  source— Survey  of  the  legal  Records — in  con- 
nexion with  historical  study — The  use  of  Indexes  and  Lists — Research-forms 
for  the  use  of  students — Record  sources  still  to  be  explored.  pp.  75 — 82 

{]))  State  Papers.  Their  exceptional  position  as  a  later  historical  source— owing 
to  the  series  of  published  Calendars — Miscellaneous  contents  of  these  collec- 
tions— Their  relationship  to  the  legal  Records  and  departmental  Archives — 
Distribution  of  the  State  Papers  in  the  17th  and  i8th  centuries — Their  relative 
extent — in  official  or  private  custody.  pp.  82 — 89 

(^)  Departmental  Records.  Difficulties  of  study — due  to  the  obscurity  of 
their  official  history — also  to  their  unequal  preservation  and  to  official 
restrictions — Characteristics  of  the  several  classes — In-Letters — Registers — 
Minutes — Reference  Books — Reports — Out-Letters — Letter-Books — Warrants, 
Commissions,  Orders  and  Instructions — Precedent  Books — Miscellaneous  or 
deposited  documents — The  use  of  "  Blue-Books  "  and  other  printed  sources. 

pp.  89—100 

The  Bibliography  of  English  Official  Historical 
Documents. 

Neglect  of  the  subject  of  Archives  in  this  country — Classification  of  the  existing 
Bibliography — Features  of  the  Bibliography  of  mediaeval  Records — of  later 
legal  Records,  State  Papers  and  Departmental  Records — Foreign  and  Colonial 
publications  relating  to  British  Archives — Classification  of  the  Bibliography 
of  Archives — Bibliography  of  Bibliographies — Treatises  on  Archives — Lists 
and  Indexes — Calendars — Texts  and  Reproductions — Original  Compositions. 

pp.  101—110 

Appendix  I. 

A.  Table  showing  the  Evolution  of  the  Public  Record  Office.  p.  Ill 

B.  Metropolitan  Record  Repositories  (showing  the  distribution  of  the  Records 
before  the  Public  Record  Office  Act  of  1838).  pp.  112—114 

C.  Repositories  of  Welsh  Records  (before  the  removal  of  the  Records  to  London 
in  1854).  p.  115 

D.  Existing  Repositories  of  legal  Records.  pp.  115,  116 

E.  List  of  existing  Repositories  of  legal  Records,  additional  to  the  Public  Record 
Office.  pp.  117,  118 

F.  Chronology  of  the  Custody  of  Official  Records.  pp.  118—120 

Appendix  1 1.     Chronology  of  the  custody  of  the  State  Papers.  pp.  121,  122 


Contents  ix 

Appendix  III. 

A.  List  of  Public  Departments  whose  historical  Records  (including  those  of 
abolished  Offices  under  their  jurisdiction)  have  been  mainly  transferred  to 
the  Public  Record  Office.  pp.  123—127 

B.  List  of  Public  Departments  whose  historical  Records  have  not  yet  been 
transferred  to  the  Public  Record  Office  or  only  partially  transferred. 

pp.  127,  128 
Appendix  IV. 

A.  Outline  of  the  existing  or  proprietary  Classification  of  the  Records  in  the 
custody  of  the  Master  of  the  Rolls.  pp.  129,  130 

B.  A  structural  Classification  of  Records.  pp.  130,  131 

Appendix  V. 

A.  Outline  of  the  Classification  of  the  State  Papers,  c.  1545.  p.  132 

B.  Outline  of  Sir  Thomas  Wilson's  Classification  of  the  State  Papers,  1619 — 
1629.  pp.  132,  133 

C.  Outline  of  Sir  Joseph  Williamson's  Classification  of  the  State  Papers  [1682]. 

p.  133 

D.  Outline  of  the  Classification  of  the  State  Papers  by  the  Methodizers,  1764 — 
1800.  pp.  134,  135 

E.  Outline  of  the  State  Paper  Office  Classification,  1848— 1862.  pp.  135,  136 

F.  Outline  of  the  Departmental  Classification  of  the  State  Papers,  1873 — 1889. 

pp.  136,  137 

G.  A  structural  Classification  of  the  State  Papers.  p.  138 
H.  Heads  of  a  Proprietary  Classification  of  the  State  Papers.  pp.  138 — 140 
Appendix  VI.    The  Classification  of  Departmental  Records.              pp.  141—143 

Appendix  VII.  Specimen  Research  Form  for  a  Historical  Subject  in  various 
Official  Sources.  pp.  144—146 

Appendix  VIII.  The  several  references  to  the  State  Papers  of  a  single  year  (1697) 
remaining  in  official  custody.  pp.  147, 148 

Appendix  IX.  Outline  of  the  principal  sources  from  which  the  Departmental 
Records  in  official  custody  might  be  supplemented.  p.  149 

Appendix  X.    Outline  of  the  Bibliography  of  Official  Historical  Documents. 

pp.  150-153 

PART    II. 
THE   DIPLOMATIC   OF  OFFICIAL   HISTORICAL   DOCUMENTS. 

Introduction  to  the  Diplomatic  Study 
OF  Official  Documents. 

Causes  of  the  neglect  of  the  study  of  Diplomatic  in  this  country— Its  recent 
progress— The  deficient  "apparatus"— Importance  of  the  subject  for  the  study 
of  Palaeography — Not  specially  treated  of  by  foreign  authors — Value  of  the 
existing  teaching— Recognition  of  diplomatic  formulas  of  legal  Records- 
Limitations  of  the  following  essays.  PP.  167—162 


Contents 


The  Anglo-Saxon  Charters. 

(rt)  The  Old  English  Chancery.  No  mention  of  any  official  establishment  before 
the  Conquest — with  the  exception  of  certain  so-called  "  Chancellors  "—The 
position  of  these  examined — Possible  allusions  in  charter  formulas  —Absence 
of  a  royal  seal — The  "  Great  Seals  "  of  the  Confessor  examined — The  non-use 
of  pre-Conquest  seals  recognized  by  mediaeval  writers — Continental  analogies 
— Conclusion  as  to  the  nature  of  pre-Conquest  sealing — No  provision  for  the 
custody  of  royal  Acts  before  the  12th  century — No  class  of  professional  writers 
known  to  exist — Charters  probably  "  home-made  "  by  the  churches. 

pp.  163—177 

ij))  Old  English  Diplomata.  Chiefly  known  to  us  from  printed  Codices — Their 
fitful  preservation — and  unequal  distribution — Possible  deductions  from  these 
circumstances — Composition  of  the  Codex  examined-  Question  of  the  credi- 
bility of  the  Anglo-Saxon  Charters — Tests  to  be  applied  to  them — Their 
position  in  point  of  merit — Mediaeval  diplomatic  criticism— Motive  for  the 
preservation  of  "land-bocs"  by  the  churches — Possible  connexion  of  this 
motive  with  their  composition — Inconsistencies  of  this  theory — Missing  link 
in  the  practice  with  regard  to  lay  grants.  pp.  177 — 189 

{c)  Old  English  Formulas.  Obscurity  of  their  origin — Contrasted  with  conti- 
nental types — Proposed  re-arrangement — The  characteristic  features  of  the 
Old  English  Formulas — Survey  of  these  Formulas  between  the  7th  and  nth 
centuries — with  special  reference  to  the  reign  of  Athelstan — Appearance  of  a 
new  type  of  diplomatic  instrument — The  Old  English  Writ — The  resemblance 
to  continental  diplomata — Its  distinctive  Formulas — Possible  derivation  from 
the  Old  English  "  Convention."  pp.  189—207 


Anglo-Norman  Charters  and  Writs. 

(a)  Anglo-Saxon  survivals.  Analogy  between  the  pre-Conquest  and  post-Con- 
quest Writs  and  Charters — English  and  Latin  "  Versions  " — Confusion  between 
"Charters"  and  "Writs" — Bi-lingual  Charters — Evolution  of  a  "new-model" 
Charter.  pp.  208-  211 

{b)  The  Anglo-Norman  Charter  and  Writ.  Distinction  between  "  Charters  "  and 
"Writs  " — Use  of  the  Anglo-Norman  Writ — Development  of  diplomatic  instru- 
ments, pp.  211—214 

{c)  The  Anglo-Norman  Diplomatic  Apparatus.  The  post-Conquest  Chancery 
and  Camera — Anglo-Norman  Charters — Methods  of  study — Attachment  of 
the  seal — How  the  parchment  was  cut.  pp.  215 — 219 

{d)  Anglo-Norman  Diplomatic  Formulas.  The  Writ  formulas — Their  influence 
on  Charter  formulas — Evolution  of  the  Writ-Charter — Its  formulas  derived 
from  vernacular  Writs.  pp.  219 — 222 

{e)  Special  Charter  Forms.  The  post-Conquest  Charter  adapted  to  special 
purposes— Grants  in  "Free  alms" — Grants  of  Office — Grants  of  Markets  and 
Fairs— Forest  Charters  and  "Assart"  Writs — Grants  of  Warren — Distinctive 
features  of  the  above  specialized  types — Charters  of  Liberties — Interpolations 
facilitated  by  recurring  ititroits.  pp.  222 — 224 


Contents  xi 

(y)  Private  Charters  and  Deeds.  More  numerous  than  royal  instruments  in  the 
post-Conquest  period — Characteristic  Formulas  of  Charters  of  Feoffment  and 
Confirmations — Charters  of  Foundation  and  Frankalmoigne — "Concords"  or 
"Conventions"  and  Bonds — Quit-claims,  Releases  or  Surrenders — Charters  of 
Attornment — The  above  not  to  be  regarded  as  official  instruments. 

pp.  225,  226 

Later  Charters  and  Diplomatic  Instruments. 

(a)  The  English  Chancery  from  the  i2,th  to  the  i6th  century.  Difficulties  of 
study — The  Chancery  at  the  beginning  of  the  13th  century — The  Curia  Regis, 
Exchequer,  King's  Chapel,  Camera,  Wardrobe  and  Council — Chancery  enrol- 
ments—Estreats and  Memoranda — The  significance  of  per — The  several 
series  of  Chancery  Rolls— Special  enrolments— The  confused  nomenclature 
of  diplomatic  instruments — A  remedy  proposed.  pp.  227—235 

{b)  Charters  and  Confirmations.  Transition  from  the  12th  century  "Writ-Charter" 
to  the  "conventional  Charter"  of  the  13th  century — Later  modifications  of  its 
formulas — Its  functions  usurped  by  Letters  Patent — The  distinctive  formulas 
of  Charters  and  Patents — Origin  of  royal  Confirmations  of  earlier  Charters — 
Simplicity  of  the  earlier  forms — Innovations  during  the  minority  of  Henry  III 
— Analogy  between  the  Inspeximus  and  the  Vidimus — Transition  to  the 
conventional  Inspeximus— Tht  Inspeximus  by  Letters  Patent — The  Exemplifi- 
cation, Constat  and  Innotescimus — Semi-official  instruments — based  upon 
private  instruments — utilized  by  the  Crown  in  the  interests  of  the  new  State- 
craft— Conveyances  and  Contracts— Certificates — Petitions — Other  types  of 
private  instruments  used  in  the  business  of  the  State — Conventions,  Oaths, 
Fines  and  Recognizances;  Affidavits,  Mainprises  and  "Statutes  Merchant"; 
official  Certificates — "Statutes  Merchant" and  "Statutes  Staple" — Significavits 
— "Institutions" — Petitions,  Specifications,  Parliamentary  Proxies,  Pensions 
and  Corrodies.  pp.  235—248 

{c)  Writs  under  the  Great  Seal.  Evolution  of  the  old  "Executive  Writ" — The 
Writ  and  Returns  of  1 166— The  same  procedure  followed  in  the  13th  century 
— Legal  writs  differentiated  from  this  form — Derivation  of  the  term  Letters 
Patent — The  formula  Teste  tne  ipso  or  Teste  Rege — Distinctive  Formulas  of 
Letters  Patent — Evolution  of  the  conventional  Formulas — The  enrolment  of 
Letters  Patent — Their  diplomatic  nomenclature — Later  developments — Ano- 
malous forms — "Versions"  in  French — The  use  of  Latin  or  English  in  the 
composition  of  later  Letters  Patent — The  position  of  Letters  Close — Their 
distinctive  Formulas — Their  official  use — Alternative  Formulas  of  Letters 
Close — shown  in  a  Table — The  later  history  of  Letters  Patent  and  Close — 
Letters  or  Writs  under  the  Great  Seal  for  special  purposes — Fiscal  Writs — 
Instruments  relating  to  Ecclesiastical,  Parliamentary  and  Military  business — 
Legal  Writs  enrolled  in  the  Chancery — Tendency  towards  the  disuse  of  the 
Great  Seal  and  the  official  use  of  the  Smaller  Seals  and  Sign  Manual — 
Notarial  instruments  under  the  Great  Seal  connected  with  the  business  of  the 
Ecclesiastical  and  Admiralty  Courts  and  the  proceedings  of  Parliament. 

pp.  249-258 

{d)  Instruments  under  the  Smaller  Seals  {Missives).  Origin  of  the  use  of  a 
Smaller  Seal  by  English  kings — The  Privy  Seal — Personal  Seals  occasionally 
substituted  for  the  Great  Seal — Distinction  between  Missives  and  Warrants 


xii  Contents 

for  Issue — Early  use  of  the  Privy  Seal  to  authenticate  royal  instruments — Its 
early  connexion  with  business  of  State  transacted  in  the  Exchequer  or  Ward- 
robe— Convenience  of  the  use  of  a  Smaller  Seal — Formulas  and  language 
of  these  Missives — Letters  of  Privy  Seal — Methods  of  affixing  the  Privy  Seal 
or  "Secret"  Seal — Dimensions  of  Privy  Seals — The  Signet — Its  description 
and  use — Signet  Letters — Their  character  and  Formulas — Dormant  Writs 
of  Privy  Seal — Sign  Manual  Warrants — Their  characteristic  Formulas — 
Proclamations — Their  exceptional  character.  pp.  258 — 263 

{e)  Warrants  for  Issue.  How  distinguished  from  Missives  under  the  Smaller 
Seals  and  Sign  Manual — Distinction  between  Bills  and  Writs  or  Letters — 
Origin  of  Chancery  Warrants — Irregularity  of  the  early  procedure — Normal 
procedure  during  the  14th  and  15th  centuries — Variations  in  practice — 
Formulas  of  the  Warrants — Their  tri-lingual  form — The  Fiat — Departmental 
Warrants — Neglect  of  the  conventional  procedure  previous  to  the  Act  of  1535 
— Objects  of  this  Act — Its  effect — Later  procedure — Departmental  Docquets — 
The  use  of  "  Immediate  Warrants  "  and  "  Signed  Bills."  pp.  263—269 

Letters,  State  Papers  and  Departmental  Instruments. 

{a)  Mediaeval  and  Modern  Official  Letters.  Transition  from  Diplomatic  to 
Epistolary  forms — The  early  use  of  an  Epistolary  style — Origin  of  the 
vernacular  Letter — Versions  of  earlier  forms — Evolution  of  the  mediaeval 
Letter — Changes  of  style  between  the  13th  and  15th  centuries — Formulas 
and  phraseology  of  the  official  Letter— Later  uses  of  the  trilingual  style. 

pp.  270—274 

{b)  Secretarial  Instruments.  Difficulty  of  distinguishing  between  later  Diplo- 
matic and  Secretarial  instruments — Transfer  of  State  business  from  the 
Chancery  to  the  Secretariat— Diplomatic  documents  preserved  in  the  Secretary 
of  State's  department — Formulas  of  later  ministerial  Despatches — Later  Signet 
Letters  and  Sign  Manual  Warrants.  pp.  275,  276 

(jc)  Departmental  Instruments.  The  conventional  official  Letter  produced  by 
departmental  Boards — Its  Formulas — Departmental  Warrants  issued  by  the 
Secretaries  of  State  and  Household  Officers — Treasury,  Admiralty  and  War 
Office  Warrants — Special  forms  of  Warrants — Departmental  Orders  and 
Instructions — Departmental  Commissions — Subsidiary  departmental  Records 
— Registers,  Minutes,  References  and  Reports.  pp.  276 — 280 

Royal  Surveys,  Inquisitions  and  Assessments. 

(a)  Agrarian  Surveys.  Analogy  of  the  post-Conquest  Royal  Inquest  with  the 
Frankish  capitularies — especially  for  agrarian  Surveys — Other  continental 
analogies — Traces  of  Old  English  Surveys — The  Domesday  Survey — 12th 
century  Surveys — 13th  century  Surveys  known  as  royal  Extents — Their  con- 
ventional development.  pp.  281 — 284 

{b)  Fiscal  Inquisitions.  Frankish  analogies  and  diplomatic  relations  of  the 
"Geld"  Inquest  and  its  successors — The  Writ,  Form  of  Inquisition  and 
Return — Diplomatic  descriptions  of  the  Domesday  Inquest — The  relations 
of  the  Exchequer  MSS.  and  "satellites"  of  Domesday  Book — The  Inquisitio 
Cantabrigiensis,  Inquisitio  Eliensis  and  Liber  Exonicc — 12th  century  Inquisi- 
tions— Breviates   of  Domesday    Book — Official   and   local    Hidage    Books — 


Contents  xiii 

Inquisitions  for  the  assessment  of  Carucage — Assessments  for  local  taxation — 
The  institution  of  Scutage — Its  Diplomatic  aspect — Equivalent  assessments 
on  the  Knight's  Fee — Aid,  Tallage  and  Compositions  for  Knighthood — Assess- 
ments by  Tithe  or  Poundage.  pp.  284 — 295 

{c)  Feudal  Jnquisitions.  Their  Diplomatic  construction — Feudal  inquests  of 
serjeanties,  wardships,  marriages,  escheats,  assarts,  purprestures  and  lunatics 
— Their  Diplomatic  features.  pp.  295 — 297 

{d)  Statutory  or  Political  Inquisitions.  Their  Constitutional  and  Diplomatic 
relations — Administrative  or  remedial  Inquisitions  of  the  I2th  and  13th 
centuries — Connexion  between  the  Royal  Inquisition  and  the  "Old  Chapters  of 
the  Eyre" — Relations  of  the  "New  Chapters  of  the  Eyre"  and  the  "Hundred 
Rolls  "of  1255 — The  remedial  Inquisitions  between  1255  and  1279 — Relation- 
ship of  the  "Hundred  Rolls"  of  1255,  1274  and  1279— Connexion  of  the 
"Hundred  Rolls"  with  the  Inquisitions  Quo  IVarranto,  De  Ragemannis  and. 
De  Ministris — The  devolution  of  the  Chapters  of  the  Eyre — Later  statutory 
Inquisitions — "  Kirkby's  Quest"  and  the  Nomina  Villarum — Political  or  puni- 
tive Inquisitions  of  the  13th  and  14th  centuries — Forfeited  possessions  of 
Normans  and  Bretons,  of  Jews  and  Templars,  of  "rebels  "  (1265),  "Contrariants" 
(1322),  "malefactors,"  &c. — State  Trials  and  later  Special  Commissions  or 
Surveys.  pp.  297—306 

Royal  Accounts. 

Antiquity  of  official  reckonings — The  Frankish  manorial  inventories — Diplomatic 
features  of  the  Account — Component  parts  of  an  Account — Procedure  of  its 
preparation — Subsidiary  and  miscellaneous  forms.  pp.  307 — 310 

Judicial  Proceedings. 

(rt)  Judicial  Records.  Definition  of  a  Record — Monastic  Law  Reports  regarded 
as  prehistoric  Records — Pleadings  in  diplomatic  form — The  antiquity  of  curial 
Records— Isolated  survivals  of  12th  century  Records.  pp.  311—314 

ip)  Judicial  Inquisitions.  The  Diplomatic  aspect  of  judicial  proceedings — The 
importance  of  Inquisitions  and  Returns — Difficulty  of  distinguishing  between 
Ministerial  and  Judicial  Inquisitions— Records  composed  in  Diplomatic  form 
— Coroner's  and  Escheator's  inquests — Ancient  Indictments — Criminal  Inqui- 
sitions— Presentments  to  the  Chapters  of  the  Eyre — Pleadings  on  fiscal 
Inquisitions — Pleadings  on  an  Agrarian  Survey — Judicial  Inquisitions  con- 
nected with  the  "Hundred  Rolls" — Inquisition  on  the  "Robbery  of  the 
Treasury"  (1303) — Inquisitions  connected  with  the  State  Trials  of  1289 — 91 
— Coroner's  Inquests — Dearth  of  later  Eyre  and  Assize  Records. 

pp.  315—321 

(f)  Pleadings  on  Inquisitions.  The  Diplomatic  aspect  of  Pleadings — Connexion 
of  the  Original  Writ  with  judicial  developments — Pleadings  connected  with  the 
Domesday  Inquest — Fragments  of  Pleadings  under  Henry  II— The  Diplo- 
matic character  of  "F'inal  Concords"— Pleadings  on  Political  Inquisitions  in 
the  13th  century — The  Templars'  Corrodies— The  Inquisitions  De  Rebellibus 
(1266)— Pleadings  connected  with  "Kirkby's  Quest"  (I285)-The  expansion 
of  Pleadings  from  official  Memoranda  —Later  developments. 

pp.  322-386 


xlv  Contents 

Appendix  I.    A  Classified  Table  of  Diplomatic  Instruments.  pp.  327—338 

Appendix  II.     Early  Diplomatic  Criticism.  pp.  339,  340 

Appendix  III.     The  Charters  of  King  Athelstan  (Concordance  of  Formulas) 

pp.  341—346 
Appendix  IV.     Table  showing  the  Relationship  of  the  Pre-Conquest  and  Post- 
Conquest  Diplomata.  p.  347 
Appendix  V.     Documents  connected  with  the  Issue  of  the  Great  Seal  (1662). 

p.  348 

Appendix  VI.     Fees  of  the  Seal.  p.  349 

Appendix  VII.     Note  on  the  Bibliography  of  English  Diplomatic,      pp.  350,  351 


PART    III. 

THE   PALAEOGRAPHY   OF   OFFICIAL   DOCUMENTS. 

Introduction  to  the  Palaeography 
OF  Official  Documents. 

Importance  of  the  study  of  the  Origins  of  the  Handwriting  of  Western  Europe — 
The  value  of  Palaeography  for  the  study  of  English  official  documents — 
Methods  of  Palaeographical  study.  pp.  355—359 

Palaeography. 

{a)  Old  English  Writing.  The  origin  and  development  of  English  writing — 
Majuscule  writing— Minuscule  writing — Cursive  writing — Mixed  writing — 
Influence  of  Half-Uncial  and  Half-Cursive  writings  on  the  English  style — 
Misconceptions  with  regard  to  Cursive  writing — Supposed  conversion  of  the 
Anglo-Saxon  Half-Uncial  hand  through  foreign  influences — The  alleged 
reforms  of  Alfred  the  Great — Insufficiency  of  evidence  for  this — Anglo-French 
writing  in  the  loth  and  nth  centuries — Influence  of  the  Anglo-Saxon  school 
abroad  explained  by  French  scholars — The  predominance  of  vernacular  writs 
in  the  nth  century — Possibility  of  a  native  reform  of  angular  script — 
Conclusion.  pp.  360—365 

{b)  Mediaeval  Writing  in  Latin.  Influence  of  the  Franco- Roman  and  "elegant 
Saxon"  writings  in  the  nth  century —Characteristics  of  12th  century  official 
writing— The  writing  of  13th  century  Rolls  and  Registers — Appearance  of 
Gothic  writing — "Clubbed"  strokes  and  "Bows"— Half-Cursive  Gothic — Later 
official  writing.  pp.  365 — 368 

{c)  Mediaeval  Writing  in  Old  French.  Linguistic  difficulties — The  orthography 
of  Old  French — Contractions — Versions.  pp.  368,  369 

{d)  Later  Official  Writing.  Changes  in  the  character  of  mediaeval  writing — 
Revival  of  Calligraphy  in  the  isth  century— Use  of  the  vernacular  Cursive 
—Artificial  writings— "Court-hand" — "Chancery"  hand— "Secretary"  hand — 
"Humanist"  Calligraphy — Survival  of  Gothic  forms  in  the  vernacular  Cursive 
— Characteristics  of  i6th  and  17th  century  vernacular  writing. 

pp.  369—373 


Contents  xv 

{e)  The  Royal  Scriptorium.  Effects  of  the  non-existence  of  an  Old  English 
Chancery — The  Royal  Scriptorium — Clerical  departments — Clerical  perform- 
ances—C/^^r/Vwi'  and  Scriptor — Employment  of  official  scribes — Rules  of  the 
Scriptorium — Capacity  of  mediaeval  scribes — '*  Register-hand." 

pp.  374-379 

(/)  Palcuographical  Terms.  Distinctions  between  the  terminology  of  English 
and  continental  MSS. — Confusion  caused  by  synonyms — Technical  descrip- 
tions applied  to  official  writings.  pp.  379 — 382 

{g)  Palaeographical  Tests.  Difficulty  of  determining  the  date  of  handwriting — 
Rules  in  use  for  this  purpose — Defects  in  the  script — Peculiarities  of  scribes — 
Causes  of  error — The  identification  of  modern  holographs  and  memoranda. 

pp.  382—386 

{h)  Contractions.  Relative  prevalence  of  Contractions  in  official  and  literary 
MSS. — General  characteristics  of  Official  Contractions — Distinction  between 
the  covipendia  used  in  Latin  and  Old  French  MSS. — Duration  of  Contractions 
in  official  writings — Special  forms  of  Contractions  in  Departmental  Records. 

pp.  386— 389 

(/)  Extensions.  Attitude  of  modem  scholars  towards  the  practice  of  extending 
Records — Advantages  and  disadvantages  of  this  J)ractice — The  system  em- 
ployed in  official  publications — and  in  the  publications  of  Learned  Societies — 
The  position  of  Historical  Students — Archaic  typography — The  future  of 
Facsimiles.  pp.  390—394 

Appendix  I.     Table  showing  the  Evolution  of  English  Writing.  p.  395 

Appendix  II.    Classification  of  the  Bibliography  of  Palaeography. 

pp.  396,  397 

Table  of  Matters  pp.  399—404 


ERRATA. 

p.  249  note  I,  For  "Histoire  de  Diplomatique,"  read''  Manuel  de  Diplomatique." 
p.  289  note  2,  For  "Lindsay,"  read  "Lindsey." 
p.  299  last  line  but  one,  For  "  reve,"  read  "  reeve." 
p.  304  1.  1 1,  For  "  Rhyddlan,"  read  "  Rhuddlan." 


PART    I 


THE   SOURCES 

OF 

OFFICIAL     HISTORICAL     DOCUMENTS 


INTRODUCTION    TO   THE   STUDY   OF 
OFFICIAL   SOURCES. 


A  DEFINITION  of  the  subject-matter  of  historical  study  appears 
to  be  both  simple  and  desirable.  But  unless  our  phrase  is  very 
closely  guarded,  we  run  the  risk  of  appearing  to  discuss  the  vexed 
definition  of  history  at  large.  This  is  certainly  not  the  intention  of 
the  present  essay.  It  will  be  readily  conceded  that  the  historian 
may  present  any  fact  that  bears  upon  the  history  of  the  human  race, 
and  it  must  follow  that  he  may  place  his  own  interpretation  on  this 
fact.  Though  the  correctness  of  this  interpretation  may  be  a  matter 
of  opinion;  even  though  its  presentment  may  indicate  an  imperfect 
method  of  study,  the  author  may  be  assured  of  a  patient  hearing. 
But  there  is  one  stipulation  that  is  made  by  modern  science — that 
the  historical  fact  shall  be,  as  far  as  possible,  a  scientific  fact.  It  is 
not  enough  that  these  facts  shall  be  weighed  and  tested  by  the  most 
perfect  apparatus  that  the  historian's  craft  has  devised.  Every 
possible  precaution  must  also  be  taken  that  individual  facts  are  not 
forthwith  discredited  by  rebutting  evidence.  Now  it  has  come  to  be 
accepted  as  a  general  proposition  that  history,  or  historical  com- 
position, is  founded  upon  facts  that  are  usually  derived  from  historical 
documents.  Therefore,  in  connexion  with  historical  study  and  the 
search  for  facts  which  it  entails,  our  attention  is  forcibly  directed  to 
the  documents  which  play  such  an  important  part  in  the  whole 
matter. 

These  documents,  as  we  know,  arc  of  various  aspects  and  of  several 
eras;  but  we  are  here  concerned  only  with  the  national  Archives  of  this 
country.  These,  again,  may  be  regarded,  from  the  student's  point  of 
view,  according  as  they  arc  (i)  existent  or  non-existent,  (2)  accessible 
or  inaccessible,  (3)  printed  or  inedited.  Of  the  above  types  it  may  be 
remarked  that  the  existent  and  non-existent  documents  are  equally 
an  unknown  quantity. 

The  use  of  the  term  "  Heuristic "  to  distinguish  the  method  of 
discovery  of  the  recognized  sources  of  history  from  the  methods  of 


[s-y '•''.'  'Intvodkuc-tSon  to  the  Study  of  Official  Sources 

historical  analysis  and  composition  is  in  keeping  with  the  marked 
tendency  to  treat  history  as  a  science,  which  has  been  a  frequent 
subject  of  discussion  in  the  present  day.  Whatever  the  value  of 
such  terms  may  be,  any  method  that  will  facilitate  the  discovery 
of  the  true  sources  of  history  clearly  deserves  our  close  attention ;  for 
without  recourse  to  such  a  method  the  historian  is  in  danger  of  being 
carried  away  by  the  literary  impulse  of  his  art.  The  result  of  this  is 
seen  in  the  waste  editions  and  worthless  texts  which  He  scattered 
through  our  streets,  the  wrecks  of  many  able  enterprises  upon  the 
stubborn  rocks  of  fact. 

This  tendency  to  evade  the  preliminary  investigations,  which  we 
are  all  agreed  should  be  exhaustive,  is  probably  the  result  of  the 
necessary  refinement  which  must  be  made  in  the  definition  of  history 
as  a  science.  In  collecting  the  facts  which  will  be  used  for  the  pur- 
pose of  historical  composition,  we  are  unable,  in  most  cases,  to 
proceed  by  actual  observation.  Instead,  we  are  compelled  to  infer 
the  facts  from  the  evidence  of  documents,  and  so,  from  the  outset, 
the  rigid  requirements  of  scientific  study  can  be  dispensed  with,  anid 
the  most  conscientious  student  is  rapidly  demoralized.  It  is  in  vain 
to  urge  that,  before  we  proceed  to  analyze  and  use  the  facts  that 
have  been  distilled  from  a  mass  of  documents,  it  is  desirable  that  the 
whole  crop  should  be  gathered,  sorted  out,  and  strictly  accounted  for. 
The  man  of  letters  who  has  made  these  quasi-scientific  researches  is 
naturally  reluctant  to  spend  the  best  years  of  his  life  in  this  drudgery; 
and  so  the  documents  continue  to  be  taken  more  or  less  at  random 
to  supply  the  exigencies  of  each  new  occasion. 

Nevertheless,  the  mere  discovery  of  documents  connected  with 
any  historical  period  or  subject  can  only  possess  an  importance  that 
is  relative  to  the  extent  of  the  whole  of  the  existing  sources  of 
information  ;  that  is  to  say,  we  must  not  be  content  to  assume  that 
only  certain  sources  are  available ;  far  less  are  we  at  liberty  to  limit 
the  scope  of  our  researches  herein  at  pleasure.  We  must  examine,  if 
we  do  not  utilize,  every  known  historical  document  that  concerns  the 
period  or  subject  under  treatment ;  and  we  .should,  for  the  purpose  of 
estimating  the  value  of  the  evidence  available,  even  take  into  account 
such  documents  as  are  known  to  have  formerly  existed.  For  the  latter, 
though  not  necessarily  capable  of  supplying  material  facts,  may  still 
possess  a  scientific  value.  Thus  the  student  may  have  occasion  to 
ascertain  what  documents  formerly  existed  for  a  given  subject,  just 
as  it  is  of  importance  for  the  study  of  comparative  anatomy  to 
ascertain  the  existence  and  construction  of  extinct  forms. 


Introduction  to  the  Study  of  Official  Sources  3 

The  accidental  or  deliberate  destruction  of  documents  is,  however, 
a  subject  that  is  commonly  disregarded,  though  it  is  one  that  is 
calculated  to  give  rise  to  serious  reflections.  The  inferences  that  we 
are  accustomed  to  make  from  documents  do  not  depend  wholly  upon 
the  existing  sources  apart  from  their  environment.  We  associate 
Master  Brown  with  the  "Third  Roll"  of  the  twelfth-century  Exchequer, 
although  we  are  ignorant  of  its  real  contents.  On  the  other  hand, 
whilst  we  attach  a  sentimental  value  to  certain  fragments  of  ancient 
records  which  we  have  discovered  through  desultory  researches,  we 
disregard  others  which  would  throw  much  light  on  the  constitutional 
procedure  of  early  times.  A  whole  treatise  might  be  written  on  the 
subject  of  these  lost  sources  of  history,  and  the  hypotheses  that  might 
be  based  upon  their  partial  evidence  can  be  easily  imagined. 

It  is  a  commonplace  that,  by  the  loss  of  documents,  certain 
historical  sources  have  been  eliminated.  This  bare  statement,  how- 
ever, requires  some  qualification.  A  document  is  only  valuable 
relatively  to  its  importance  and  its  unique  character,  and  the  de- 
struction of  large  masses  of  documents  containing  duplicate  or  trivial 
information  may  prove  of  actual  benefit  to  the  student.  It  is  well 
known,  indeed,  that  the  wealth  of  sources  for  the  later  period  of 
European  history  is  viewed  with  some  dismay  by  writers  on  historical 
method,  and  nothing  short  of  a  rigorous  selection  will  enable  the 
student  to  overcome  this  congestion  of  materials.  But  it  is  essential 
that  this  selection  should  be  made  intelligently  and  with  a  full  appre- 
ciation of  the  requirements  of  posterity,  whilst  the  arrangement  of 
documents  is  to  be  regarded  as  a  necessary  prelude  to  their  safe 
custody.  The  mere  mechanical  process  of  sorting  will  serve  as  the 
best  protection  against  the  decay  which  has  been  the  fate  of  many 
buried  treasures.  Their  numeration  and  classification  will  guard 
them  from  wholesale  spoliation  or  ignorant  destruction  as  well  as 
from  undeserved  neglect.  These  administrative  questions,  to  which 
the  continental  text-books  attach  much  importance,  do  not  directly 
concern  the  historical  student,  except  so  far  as  they  enable  him  to 
appreciate  the  actual  or  potential  value  of  the  sources.  In  the  next 
place,  it  is  necessary  for  him  to  ascertain  what  documents  are 
accessible  and  what  are  not,  in  order  that  he  may  make  his  dis- 
positions accordingly. 

It  has  been  assumed  by  continental  writers  that  for  the  most  part 
historical  documents  are  preserved  in  public  institutions.  This  as- 
sumption, however,  is  scarcely  justified  in  the  case  of  our  own  national 
sources.     Yet  their  actual  ownership  is  a  small  consideration  to  the 

I — 3 


4  Introduction  to  the  Study  of  Official  Sources 

practical  student,  provided  that  the  documents  themselves  have  been 
carefully  preserved  and  are  accessible  under  reasonable  conditions. 

Here,  as  in  the  preceding  aspect  of  historical  research,  the  student 
has  ever  been  at  the  mercy  of  the  forces  majeures  wielded  by  official 
bodies  and  lawful  owners.  In  his  negotiations  with  these  irresponsible 
powers  he  will  assuredly  gain  nothing  by  a  clamorous  insistence  on 
a  public  right.  It  is  true  that  the  inherent  title  of  the  State  to 
control  the  preservation  or  disposition  of  national  documents  might 
easily  be  vindicated.  But  even  if  the  removal  of  official  papers  by 
former  ministers  of  State  could  be  shown  to  amount  to  a  public  mis- 
demeanour, a  sweeping  Act  of  Resumption  could  not  be  enforced 
without  recourse  to  an  inquisitorial  process  that  would  be  not  only 
costly,  but  also  ungracious  in  view  of  the  facilities  afforded  by  many 
enlightened  owners.  Something  has,  indeed,  been  done  during  recent 
years  to  encourage  the  voluntary  restitution  of  official  documents  or 
to  effect  their  purchase  when  exposed  for  sale.  Much  more,  however, 
is  needed  to  secure  the  reversion  of  these  documents  to  the  nation  as 
well  as  to  render  them  immediately  accessible  to  students ;  for  it  is 
intolerable  that  permission  to  examine  such  documents  should  be 
refused,  because  their  value  for  the  purpose  of  private  sale  to  foreign 
libraries  might  be  depreciated. 

The  further  consideration  as  to  the  form  in  which  the  existing 
documentary  sources  are  available  is  also  to  some  extent  connected 
with  this  proprietary  consideration.  It  is  well  known  that  the  chief 
agencies  whereby,  at  different  times  and  for  distinct  purposes,  the 
original  documentary  sources  were  produced  have  been  the  State 
departments  and  the  great  corporations  which  employed  a  similar 
clerical  method.  Below  these,  at  a  considerable  interval,  may  be 
placed  the  muniments  of  private  persons,  of  whom  some  few,  indeed, 
deserve  special  recognition  as  statesmen  or  clerks,  lawyers  or  men 
of  business ;  we  must  not  forget,  too,  that  the  literary  activity  that 
produced  the  mediaeval  chronicles  was  largely  applied  to  the  com- 
pilation of  official  records  and  registers.  Now  just  as  the  first  of 
these  two  classes  has  bequeathed  to  us  a  great  store  of  records  and 
official  muniments,  and  the  other  a  miscellaneous  mass  of  documents 
of  varying  quality,  so,  in  the  course  of  time,  each  class  has  concerned 
itself  with  the  reproduction  of  these  original  sources.  It  is  only 
natural  to  expect  that  the  State  should  take  the  lead  in  this  enter- 
prise, although  it  is  by  no  means  certain  that  this  lead  will  be 
maintained  in  an  age  of  individual  activity.  As  yet,  however,  the 
disparity  between  the  production   of  printed   texts  or  abstracts  of 


Introduction  to  the  Study  of  Official  Sources  5 

historical  documents  by  the  State  and  private  owners,  respectively, 
remains  considerable.  A  keener  competition  will  be  found  to  proceed 
from  the  learned  zeal  of  those  who  have  no  vested  interests  in  the 
subject-matter  of  their  labours — the  private  workers  or  learned 
societies  who  print  all  documents  within  their  reach  that  contain 
matter  of  academic  interest.  And  so  in  one  direction  we  have 
already  reached  the  climax  of  the  mechanical  procedure  which  gives 
us  printed  Law  Reports  and  Parliamentary  Papers,  by-laws  and 
official  forms.  In  another  direction  we  still  complain  of  an  insuffi- 
ciency of  printed  matter  in  the  shape  of  texts  and  inventories,  which 
constitute  the  printed  sources  of  history ;  though  in  respect  of  com- 
mentaries of  various  kinds  we  are  perhaps  suffering  instead  from 
a  plethora  of  materials. 

It  has  often  been  remarked  that  earlier  historians  carried  out  their 
preliminary  researches  at  a  great  di.sadvantage  by  comparison  with 
the  resources  of  modern  scholarship.  The  statement  is  obviously 
correct,  although  it  should  not  be  forgotten  that  we  possess  some 
exhaustive  and  valuable  historical  treatises  that  are  based  upon 
a  unique  series  of  documents.  Again,  some  of  these  early  texts 
must  stand  in  the  place  of  the  original  document,  which  is  not  extant 
or  else  is  seriously  mutilated.  This  indeed  is  a  position  that  we 
have  scarcely  yet  realized,  although  the  realization  will  some  day 
move  the  nation  profoundly.  On  the  whole,  therefore,  the  distinction 
between  the  printed  and  inedited  sources  is  still  very  real.  But  we 
have  this  advantage  in  dealing  with  the  former,  that  it  is  at  least 
possible  to  account  for  all  the  published  forms  which  have  been 
based,  to  a  greater  or  less  extent,  upon  documentary  evidence.  For 
this  we  have  to  thank  the  authors  of  the  great  historical  bibliographies 
of  our  own  time,  which  have  far  outdistanced  the  repertories  of  original 
documents  actually  available  for  permanent  reference. 

But  to  render  his  investigations  effective  it  is  essential  that  the 
student  should  be  able  to  form  some  conception  of  the  unknown 
quantity  in  the  shape  of  documents  that  he  will  have  to  reckon  with. 
Certainly  the  most  practicable  means  of  arriving  at  this  knowledge  is 
the  use  of  a  scientific  scheme  of  classification  in  which  every  species 
of  historical  document  will  find  a  place.  For  this  purpose  it  is 
necessary  to  include  at  least  the  whole  body  of  national  documents 
in  our  survey,  and  the  magnitude  of  this  undertaking  will  perhaps 
explain  the  want  of  such  a  classified  list,  and  the  consequent  defects 
of  the  various  "  Lists  of  Authorities "  which  are  prefixed  to  most 
modern  historical  compilations. 


6  Introduction  to  the  Study  of  Official  Sources 

The  admitted  deficiency  of  repertories  would  doubtless  be  regarded 
by  many  learned  scholars  as  a  sufificient  answer  to  a  plea  for  more 
strenuous  methods  of  research.  "  We  must  wait,"  we  shall  be  told, 
"until  these  repertories  have  been  completed."  There  was  a  time 
when  editors  were  accustomed  to  concern  themselves  with  such 
codices  only  as  librarians  chose  to  lay  upon  their  tables.  That 
time  has  long  gone  by ;  but  those  editors  would  have  been  justified 
in  their  own  generation  by  the  want  of  proper  facilities  for  their  work. 

We  read  in  the  latest  text-book  on  the  "  literature  and  sources  " 
of  our  national  history  that  this  country  unfortunately  possesses  no 
adequate  treatise  on  its  unrivalled  archives,  whereas  considerable 
attention  has  been  given  to  the  subject  abroad.  The  same  remark 
has  more  recently  been  repeated  in  the  official  introduction  to  the 
admirable  Report  of  the  Treasury  Committee  on  Local  Records,  but 
its  full  significance  appears  to  have  escaped  the  attention  of  English 
scholars.  To  foreigners  the  fact  has  long  been  known,  and  has 
frequently  been  the  subject  of  unflattering  comment.  But  although 
the  moral  which  our  own  officials  have  offered  for  our  consideration 
is  sufficiently  obvious,  it  must  in  justice  to  ourselves  be  remem- 
bered that  even  on  the  Continent  the  "  science  of  Archives "  is  a 
comparatively  new  one.  Moreover,  we  could  point  to  much  solid 
work  accomplished  by  official  antiquaries  since  the  reign  of  Queen 
Elizabeth,  while  throughout  the  whole  of  the  eighteenth  century 
greater  attention  was  probably  paid  to  this  subject  in  England  than 
could  be  spared  by  the  militant  and  evanescent  states  upon  the 
Continent.  Finally,  the  prodigious  feat  accomplished  in  the  last 
century  by  the  centralization  and  rearrangement  of  the  Public  Re- 
cords, has  excited  general  admiration,  and  the  merits  of  the  modern 
official  inventory  or  "  Guide "  have  been  gracefully  acknowledged  in 
many  lands.  Even  holiday  students  are  unconsciously  imbibing  the 
rudiments  of  the  new  science.  The  manuscript  exhibits  in  the  British 
Museum  and  in  the  Record  Office  Museum  founded  by  the  present 
Deputy  Keeper  have  proved  an  invaluable  object-lesson  to  the 
masses,  whilst  many  "  educated  "  persons  are  now  aware  that  Magna 
Carta  was  not  signed  by  King  John  with  a  quill-pen,  and  that  Domes- 
day Book  is  not  inscribed  in  "  black-letter." 

It  might  be  thought,  therefore,  that  hitherto  we  have,  on  the 
whole,  got  on  very  well  without  a  "  science  of  Archives,"  and  that  the 
impatience  of  the  modern  student  of  history  with  the  present  rate  of 
progress  in  the  discovery  and  arrangement  of  sources  is  due  to  a 
failure  to  appreciate  the  conditions  under  which  the  work  must  in- 


Introduction  to  the  Study  of  Official  Sources  7 

evitably  be  performed.  The  neglected  bibliography  of  our  own 
"  archive  economy  "  would  perhaps  reveal  the  appalling  crisis  through 
which  we  have  yet  scarcely  passed.  In  the  works  of  older  antiquaries 
we  have  complacent  references  to  the  just  appreciation  of  the  Records 
by  intelligent  sovereigns  as  "  the  chiefest  jewels  of  their  crowns."  In 
all  times  the  sanctity  and  authority  of  these  legal  evidences  have  been 
admitted  and  maintained  by  every  party  in  the  State,  and  on  occasion 
they  could  serve  as  a  bond  of  interest  to  unite  the  whole  nation  in 
opposition  to  foreign  pretensions  or  internal  abuses,  whilst  their 
authority  has  been  eagerly  cited  on  either  side  in  every  constitutional 
crisis  of  the  State.  Yet  in  the  face  of  this  general  recognition  of  the 
value  of  the  national  Records,  we  have  the  damning  evidence  of  the 
irreparable  losses  which  they  have  sustained.  These  were  due  partly 
to  the  personal  neglect  of  their  official  custodians,  and  equally  to  the 
wanton  refusal  of  Parliaments  and  ministries  to  adopt  the  simplest 
precautions  for  their  safe  keeping.  The  whole  scheme  of  the  custody 
and  arrangement  of  the  Records  was  subordinated  to  the  exaction  of 
fees  by  Patent  officers  and  their  needy  deputies.  The  Repository 
became  a  commercial  warehouse  where  the  articles  for  which  there 
was  a  ready  demand  were  duly  preserved,  and  even  temptingly  dis- 
played in  official  catalogues.  The  residue,  consigned  to  some  dusty 
attic  or  noisome  vault,  was  allowed  to  moulder  and  rot  unheeded. 
At  length  the  day  came  when  the  Government  ceased  to  haggle  over 
the  refitting  of  the  lofts  and  cellars,  the  tanks  and  stables,  which  had 
become  the  last  refuge  of  the  greatest  national  treasure  possessed  by 
any  country  in  the  world.  What  was  left  of  our  national  Archives 
was  transferred  to  a  central  repository,  and  we  began  to  count  our 
losses.  These  were  indeed  heavy ;  but  they  were  not  the  only  ones 
that  had  been  suffered.  When,  after  centuries  of  neglect,  the  Archives 
were  to  some  extent  arranged  and  catalogued,  it  was  found  that  the 
injury  sustained  by  the  nation  could  not  be  measured  by  these  gaps 
alone.  In  one  direction  the  local  Archives  had  been  pillaged  by 
enterprising  antiquaries.  In  another  quarter  the  official  correspond- 
ence of  the  State  continued  to  be  carried  off  by  successive  ministers 
almost  down  to  our  own  times,  and  from  this  private  custody  number- 
less documents  have  found  their  way  into  some  great  library  or 
national  collection. 

The  results  of  this  devolution  have,  on  the  whole,  been  surprisingly 
favourable  from  the  point  of  view  of  the  preservation  of  these  sources. 
At  the  same  time,  this  independent  survival  is  attended  with  one  great 
disadvantage  to  private  students.     The  originals  of  these  historical 


8  Introduction  to  the  Study  of  Official  Sources 

manuscripts  are  often  inaccessible,  and  they  have  in  many  cases  been 
inadequately  described  in  memoirs  or  reports,  whilst  their  relationship 
with  the  parallel  series  in  official  custody  has  rarely  been  indicated. 
It  will  be  evident  that  these  grave  irregularities,  which  were  only  too 
easily  condoned,  have  thrown  a  heavy  burden  upon  the  modern 
archivist  and  student  alike.  The  one  has  had  to  evolve  order  out  of 
chaos,  and  to  close  the  gaps  which  he  can  no  longer  fill  up.  The 
other,  after  he  has  grasped  the  endless  intricacies  of  an  official  classifi- 
cation based  on  an  Edwardian  system,  when  he  is  at  length  acquainted 
with  the  official  sources  which  exist  for  a  particular  episode  in  the 
history  of  the  last  two  centuries,  has  still  to  reckon  with  the  external 
documents  which  fill  the  gaps  in  the  official  series,  or  which  supple- 
ment its  evidence.  For  this  purpose  he  must  embark  upon  a  new 
enterprise,  not  unlike  some  that  will  be  familiar  to  the  readers  of 
a  modern  detective  romance.  He  must  connect  a  certain  statesman 
or  official  body  with  the  possession  of  these  papers,  and  then  trace 
their  descent,  often  through  numerous  ramifications.  Failing  this,  he 
must  watch  for  their  inevitable  devolution  to  the  national  Archives  or 
to  a  public  library. 

For  it  is  not  enough  that  we  should  merely  find  and  use  a  docu- 
ment ;  we  should  also  know  its  manuscript  relations.  By  treating 
every  document  as  a  separate  unit  we  are  in  danger  of  making  "  docu- 
mentary "  history  in  a  spasmodic  and  desultory  manner.  When  a 
new  document  has  been  "  discovered "  our  histories  are  made  to 
accord  with  its  evidence.  Then  another  document  is  found,  and  our 
latest  views  must  be  modified,  and  so  on,  without  any  assurance  of 
finality.  These  new  discoveries  and  new  views,  ever  shifting  with  the 
progress  of  research,  are  not  only  prejudicial  to  the  reputation  of  the 
historian,  but  also  exercise  a  demoralizing  influence  on  our  historical 
method. 

The  above  reflection  is  not  intended  to  convey  the  vague  proposal 
of  an  impossible  ideal,  or  to  obscure  the  limits  of  historical  research 
imposed  by  the  requirements  of  literary  proportion.  The  student  of 
history  must  of  necessity  be  sternly  practical ;  but  that  he  should 
secure  himself  against  possible  surprises  would  seem  a  measure  of 
common  prudence.  Otherwise  he  would  resemble  a  general  advancing 
into  the  interior  of  an  enemy's  country  by  easy  stages  along  a  broad 
highway,  leaving  on  either  side  woods  and  defiles  unreconnoitred — 
the  Archives  that  may  conceal  an  army  of  hostile  facts. 

The  fact  is  that  whilst  all  that  pertains  to  the  ethical  or  philo- 
sophical consideration  of  historical  facts  or  problems,  to  analytical  and 


Introduction  to  the  Study  of  Official  Sources  9 

synthetic  criticism,  and  to  the  auxiHary  studies  necessary  for  the 
equipment  of  the  thinker,  the  worker,  or  the  critic,  has  been  brought 
to  a  high  degree  of  perfection  ;  whilst  time  and  money  and  still  more 
precious  scholarship  have  been  lavished  upon  the  publication  and 
republication  of  historical  texts  which  possess  a  conventional  or  a 
sensational  interest,  comparatively  little  attention  has  been  paid  to  the 
outlying  sources.  In  this  particular  instance,  however,  we  have  not 
sinned  alone.  The  historians  of  every  country  in  the  past  have  dis- 
played a  notorious  lack  of  initiative  in  the  discovery  of  materials. 
Even  editors  and  commentators  have  preferred  to  ring  the  changes 
upon  a  few  groups  of  famous  Records  or  MSS.,  whilst  bibliographers 
and  cataloguers  have  seldom  found  an  interest  in  describing  or  classi- 
fying documents  the  historical  or  literary  value  of  which  was  not  well 
established. 

There  lies  a  famous  manuscript,  as  sound  and  fresh  as  though  this 
were  the  decade  of  its  compilation.  It  is  sumptuously  bound  and  it  is 
protected  by  a  glass  case.  It  has  been  honoured  by  countless  sittings 
to  photographers  and  artists,  and  it  has  been  painfully  transcribed  by 
many  generations  of  eager  antiquaries.  It  has  been  printed  and 
edited  with  all  the  skill  and  learning  known  to  modern  historical 
science,  and,  again,  it  has  been  utilized  as  the  groundwork  of  many  an 
original  treatise,  the  materials  of  which  have  been  selected  with  the 
nicest  scholarship  and  its  plan  constructed  by  a  master  mind.  Finally, 
the  manuscript  itself,  its  facsimiles,  its  transcripts,  its  published  texts 
or  commentaries,  have  been  described  and  classified  by  archivists  and 
bibliographers  in  many  works  of  reference.  Here  we  see  the  recogni- 
tion of  a  single  document,  but  it  is  a  process  that  has  occupied  the 
attention  of  several  generations  of  scholars.  As  far  as  preliminary 
researches  are  concerned,  the  student's  work  is  already  done  for  him  ; 
but  what  proportion  do  these  edited  pieces  bear  to  the  whole  mass  of 
historical  documents }  If  we  sift  the  corn  from  the  chaff  by  with- 
drawing obsolete  texts  and  worthless  inventories,  the  handful  of  grain 
is  a  small  one. 

These  instances  of  the  disadvantages  under  which  our  archivists 
have  laboured,  as  well  as  of  the  capricious  zeal  which  our  scholars 
have  frequently  displayed  in  the  cause  of  historical  research,  are  by 
no  means  exhaustive.  But  if  we  admit  that  the  existing  conditions 
under  which  that  research  is  carried  on  are  unsatisfactory,  it  naturally 
concerns  us  to  seek  for  some  remedy,  whether  it  be  partial  or 
complete. 

Now  anyone  concerned  with  the  general  subject  of  the  adminis- 


lo  Introduction  to  the  Study  of  Official  Sources 

tration  of  our  national  Archives,  would  doubtless  be  able  to  offer  us 
numerous  suggestions  inspired  by  the  scientific  literature  which, 
as  our  official  mentors  have  reminded  us,  is  devoted  to  this  subject 
abroad.  He  might,  for  instance,  suggest  the  necessity  for  a  de- 
scription of  the  manuscript  sources  of  our  national  history,  like 
that  which  has  recently  been  produced  in  France  under  very  able 
direction.  He  might  urge  the  practical  success  of  the  foreign 
missions  historiqiies ,  both  public  and  private,  as  an  inducement  for 
attempting  to  produce  a  comprehensive  inventory  of  historical  sources 
abroad.  He  might  endorse  the  recent  dictum  of  MM.  Langlois  and 
Seignobos  that  historical  MSS.  are  of  comparatively  little  use  to 
students  outside  of  a  public  collection,  or  he  might  emulate  the  courage 
of  these  admirable  authorities  when  they  broadly  hint  that  although  an 
archivist  should  be  the  first  to  discover  a  rare  document,  he  is,  whilst 
catalogues  remain  on  hand,  the  last  person  by  whom  it  may  be  edited. 
He  might  still  further  occupy  our  attention  with  a  variety  of  abstruse 
and  purely  technical  subjects  which  are  handled  with  consummate 
skill  by  foreign  experts  ;  but  it  is  obviously  undesirable  to  discuss 
these  administrative  questions  here. 

Indeed  a  passing  reference  to  this  matter  need  not  have  been 
made  if  there  was  not  an  apparent  disposition  in  some  quarters  to 
regard  an  Ecole  des  Chartes,  with  the  drastic  reforms  in  our  archive 
economy  which  its  establishment  would  necessarily  involve,  as  a 
panacea  for  our  national  shortcomings.  But  the  continental  and 
the  English  Archive  systems  have  scarcely  a  single  condition  or  a 
single  feature  in  common,  and  we  are  tempted  to  wonder  if  this  rudi- 
mentary fact  is  generally  known.  We  have  no  Ministry  of  Public 
Instruction,  no  national  college  of  professors  or  doctors  of  history, 
and  no  departmental  Archives  providing  the  chief  employment  of 
archivists. 

Surely  there  is  no  opening  here  for  an  Ecole  des  Chartes  ;  but  if 
for  us  French  science  is  unattainable,  we  can  still  call  German  learning 
to  our  aid.  There  is  a  middle  course  between  the  worship  of  fortune 
and  the  cult  of  Archives,  and  that  leads  to  the  plain  study  of  sources. 
For  after  all  what  chiefly  concerns  the  student  is  that  he  may  be  able 
to  ascertain  with  speed  and  certainty  the  existence  of  particular 
sources,  and  their  precise  description  for  the  purpose  of  reference. 
This  information  he  will  be  able  to  obtain,  in  the  case  of  printed 
•  sources,  from  the  scientific  bibliography  which  should  furnish  him 
with  a  key  to  every  historical  library.  But  with  the  exception  of  the 
general  headings  in  official  inventories,  there  exists  no  key  to  the 


IntrodMction  to  the  Study  of  Official  Sources  1 1 

historical  subjects  respecting  which  information  may  be  found 
amongst  our  Public  Records. 

One  explanation  of  this  omission  may  be  that  the  modern  student 
is,  comparatively  speaking,  a  new-comer  to  our  Archives.  In  former 
days  these  were  regarded  as  the  special  province  of  the  legal  practi- 
tioner and  the  legal  antiquary,  who  shared  with  the  zealous  genealo- 
gist and  the  laborious  topographer  the  mercenary  attentions  of  their 
ill-trained  custodians.  Some  devoted  scholars  there  doubtless  were 
whose  learned  monographs  still  excite  our  wonder  and  despair  ;  but 
these  men  were  neither  trained  historians  nor  efficient  archivists, 
and  their  historical  method  was  necessarily  limited  by  the  meagre 
resources  at  their  command. 

At  length,  some  fifty  years  ago,  the  modern  historian  appeared 
upon  the  scene,  as  a  patron  of  Archives,  but  not  as  yet  an  original 
investigator.  Like  the  dexterous  crustacean  that  finds  a  covering  for 
its  vulnerable  parts  amongst  the  dSris  of  the  shore,  our  historian 
made  shift  to  fortify  his  conclusions  with  the  derelict  texts  and 
calendars  of  the  old  Record  Commission.  Later  still,  his  wants  have 
been  supplied  through  an  enlightened  official  regime  by  faultless  texts, 
exhaustive  calendars,  and  descriptive  catalogues.  It  is,  therefore, 
scarcely  surprising  that  the  need  for  an  historical  subject-index  to  the 
Archives  at  large  has  been  scarcely  felt  until  our  own  time.  But  now 
the  history  schools  of  our  own,  and  still  more  of  foreign  universities, 
have  begun  to  send  out  a  daily  increasing  army  of  students  bent  on 
exploring  the  innermost  recesses  of  our  Archives.  The  time,  then, 
has  surely  come  when  some  attempt  must  be  made  to  bring  the  mere 
student  into  touch  with  the  skilled  archivist.  Abroad,  as  we  have 
seen,  it  is  contrived  that  each  should  understand  the  technical  language 
of  the  other ;  for  in  default  of  such  a  system,  it  is  scarcely  reasonable 
to  expect  that  the  historical  student  should  manifest  a  deep  interest 
in  a  purely  professional  subject,  or  that  the  archivist  should  be  pre- 
pared to  grasp  at  once  all  the  bearings  of  an  abstruse  historical  thesis. 
Here,  then,  there  seems  to  be  room  for  a  complementary  study  of  the 
science  of  Archives  which  may  one  day  furnish  us  with  an  historical 
inventory  and  concordance  of  subjects  and  sources.  The  usefulness, 
if  not  the  necessity  of  such  a  work,  will  scarcely  be  denied,  but  of 
its  feasibility  some  doubts  may  well  be  entertained.  And  yet  the 
problem  has  been  fairly  solved  by  a  foreign  scholar  in  the  case  of  our 
mediaeval  printed  sources.  Our  historical  bibliography  is  the  product 
of  half  a  century  of  painful  experiment,  and  its  beginnings  were  suffi- 
ciently humble.     This  would  furnish  a  ground-plan  for  such  a  work 


1 2  Introduction  to  the  Study  of  Official  Sources 

as  we  have  contemplated  ;  for  the  sources  that  we  have  in  view  are 
but  historical  texts  yet  unpublished,  and  for  the  most  part  they  will 
merely  supplement  our  printed  literature.  The  difficulty  will  lie  in 
the  concordance  of  technical  terms  with  historical  ideas. 

But  although  the  harvest  is  so  large  the  labourers  are  still  few.  It 
would  seem  that  for  the  present  we  must  largely  rely  on  alien  workers, 
but  fortunately  some  of  our  ablest  teachers  have  both  the  knowledge 
and  the  will  to  provide  the  preliminary  instruction  which  facilitates 
the  use  of  these  original  sources.  The  better  equipment  of  our 
students  from  the  light  of  our  own  hard-earned  experience  is  a  duty 
that  we  owe  to  ourselves  and  to  posterity. 


THE    HISTORY   OF   THE   ARCHIVES. 


(a)    Records. 

The  ancient  treasury  of  the  English  kings  with  its  multiform 
contents  in  the  shape  of  money  and  plate,  regalia,  relics  and  records 
has  been  described  with  considerable  minuteness  by  many  generations 
of  native  antiquaries  and  the  titles  and  duties  of  its  custodians  have 
been  set  forth  in  numerous  establishments^  Further  than  this,  the 
eventful  transfers  of  records  to  new  repositories  or  from  one  centre  of 
official  activity  to  another  have  been  duly  noted,  together  with  the 
causes  and  effects  of  the  periodical  reforms  in  the  method  of  their 
custody^  Finally,  after  tracing  the  gradual  recognition,  in  later 
times,  of  the  interest  of  the  whole  community  in  the  safe-keeping 
and  accessibility  of  the  national  Archives,  the  great  transformation 
scene  in  the  early  years  of  the  past  century  has  been  illustrated  by 
a  wealth  of  official  and  polemical  literaturel 

At  the  same  time  the  story  of  the  housing  of  the  Public  Records 
is  one  which  has  given  rise  to  few  reflections  and  it  remains  without 
a  moral.  This  circumstance,  however,  is  of  less  moment  than  the 
loose  and  indefinite  descriptions  of  the  position  and  contents  of  the 
ancient  record  repositories  of  the  Crown  which  pervade  the  voluminous 
official  Reports  on  the  Public  Records  published  during  the  first  half 
of  the  nineteenth  century. 

After  wearily  turning  some  thousands  of  folio  pages,  the  modern 
antiquary  who  seeks  more  definite  information  than  the  chance 
allusions  which  may  be  found  in  the  official  memoranda  of  con- 

'  Red  Book  of  tfu  Exchequer  (Rolls),  pp.  cclxxxviii  sq.,  ccciii  sq.,  cccxxxi  sq. ;  Black 
Book  of  the  Exchequer  (Exchequer  T.  of  R.),  Vol.  n.  passim;  Palgrave,  KalencLtrs  and 
Inventories  of  the  Exchequer,  Vol.  i.,  Introduction  ;  Antiquities  and  Curiositits  of  the 
Exchequer,  p.  77  sq. 

'  Ihid.  and  Edwards,  /libraries  and  their  Founders,  p.  )ii  sq.;  Thomas,  History  of 
Public  De/ktrtments,  p.   117  sq. 

'  See  lielow,  p.  ];  sq. ;  and  C.  Gross,  Sourtes  attd  Literatttrt,  section   11. 


1 4  The  History  of  the  Archives 

temporary  archivists,  will  probably  find  himself  without  any  exact 
ideas  upon  the  subject. 

Perhaps  it  would  be  impossible,  at  this  late  date,  to  supply  the 
deficiency  or  to  attempt  a  reconstruction  of  these  early  repositories 
from  existing  remains.  Yet  something  more  may  be  learnt  from 
a  careful  examination  of  such  notices  as  are  still  available. 

Not  less  than  a  thousand  years  ago,  if  we  may  believe  the 
traditions  of  its  guardians \  the  royal  treasury  contained  a  hoard  of 
records  of  which  some  few  fragments  have  been  happily  preserved 
though  the  greater  part  is  lost  to  us  for  ever.  How  far  these 
traditions  are  borne  out  by  the  evidence  of  contemporary  documents, 
or  how  far,  again,  they  are  based  on  forgeries  or  interpolations  of 
a  later  age  are  questions  which  can  only  be  decided  by  a  critical 
examination  of  the  existing  texts.  Taking  these  evidences,  however, 
as  they  stand,  we  find  the  existence  of  such  royal  Archives  positively 
asserted  in  several  Old  English  charters  dating  from  the  ninth 
century  I 

These  documentary  allusions  do  not  of  course  enable  us  to  ascer- 
tain the  position  and  nature  of  the  collections  referred  to,  but  we  can 
gather  that  they  were  preserved  with  the  royal  treasure  and  relics  in 
charge  of  an  official  who  appears  in  later  times  as  the  recognized 
custodian  of  the  Public  Recordsl 

On  the  other  hand  it  might  perhaps  be  suggested  that  it  is  scarcely 
necessary  to  take  the  evidence  of  these  early  notices  too  seriously. 
The  incidental  description  of  an  Anglo-Saxon  "duke"  engaged  in 
researches  amongst  the  royal  Archives^  or  of  the  Confessor's  "  Bed- 
thegn "  watching  over  a  repository  of  treasure  and  records,  are 
characteristic  pieces  of  by-play  in  the  serious  business  of  diplomatic 
composition. 

Doubtless  there  must  have  existed  from  a  period  long  antecedent 

^  Dialogus  de  Scaccario,  I.  14,  and  below,  Part  II. 

^  C.S.  575,  preserved  in  the  late  nth  century  cartulary  of  Worcester.  CD.  MCCLXXXVii, 
which  begins  in  12th  century  fashion  Domino  meo  karissimo  Regi  Anglortt7n  Edgaro.  CD. 
DCCCCXXXil,  an  Ely  charter  in  which  we  read  Hiec  saipta  tripliciter  consignantur ;  tinum 
est  apud  Ely;  aliud  in  Thesaurum  Regis;  tertium  Leofleda  habet.  What  purports  to  be  an 
original  charter  of  Cnut  i^A.S.  Foes.  III.  41)  has  the  statement  ei  harum  breviut?i  tria  sunt ; 
unum  in  ecclesia  Christi;  alterum  in  vionasterio  Saudi  Augustini ;  et  tertium  in  thesauro 
Regis  cum  reliquuis  Sanctorum.  In  C.S.  421  two  copies  of  the  record  of  the  Council  at 
Kingston  (a.d.  838)  are  ordered  to  be  preserved  by  the  kings  present  ctim  hereditatis  eorum 
scripturis.     Cf.  below,  Part  11. 

^  Ejusdetnque  scripti  medietatem  in  gazophilacio,  ttbi  qucEcunque  habebat  pracipua  et 
preciosa  erant  reposita,  ab  Hugulino  Cubiculario  stio  diligent er  conservari  (Chron.  Rames. 
p.  1 7 1 ).   For  the  significance  of  this  gazophilacium  cf.  Wattenbach,  Schriftwesen  ( 1 87 1 ),  p.  359. 

*  CS.  575- 


The  History  of  the  Archives  15 

to  the  Conquest  some  repository  for  the  regah'a  and  relics  which 
graced  the  state  even  of  the  rudest  monarchy.  If  the  existence  of 
such  a  repository  can  be  assumed  we  need  look  no  further  for 
a  muniment  room  in  which  the  hereditarii  libri  of  Anglo-Saxon 
kings  were  deposited  ^  To  these  might  be  added  later,  if  we  could 
credit  the  earliest  establishment  of  the  royal  treasury  with  definite 
official  functions,  such  rescripts  as  formed  the  nucleus  of  the  later 
series  of  Chancery  enrolments^  This,  however,  is  necessarily  a  pure 
supposition.  The  real  significance  of  these  legendary  notices  does 
not  lie  in  their  reference  to  particular  documents  which  are  no  longer 
preserved  in  official  custody,  and  which  are  for  the  most  part  only 
represented  by  later  copies  derived  from  a  tainted  source.  They 
serve  to  remind  us  of  the  indisputable  fact  that  the  records  of  the 
State  were  still  preserved  at  a  considerably  later  date  according  to 
a  precisely  similar  method.  In  the  royal  castle  of  Winchester  and 
beneath  the  royal  abbey  of  Westminster  ;  in  the  tower  of  Caesar  and 
beside  the  Hall  of  Rufus ;  in  the  very  wardrobe  and  "chamber"  of 
the  court,  which  followed  the  king  in  the  days  when  the  king's  house 
was  prepared  in  many  shires  ;  in  each  of  these  in  turn  the  royal 
treasury  would  be  found  near  to  the  royal  presence ;  for  where  the 
king's  treasure  lay,  there  would  his  heart  be  also*. 

After  all,  however,  the  evidence  which  exists  as  to  the  preservation 
of  actual  Records  before  the  reign  of  the  first  Angevin  king  is  some- 
what vague  and  inconclusive.  We  know  indeed  that  the  record  of 
the  Domesday  survey  was  placed  in  the  royal  treasury  at  Winchester 
by  order  of  the  Conqueror*,  and  that  it  was  officially  referred  to  in 
the  reign  of  Henry  I*.  Then  there  were  Tallies  and  Pipe-rolls  and 
other  official  instruments  of  the  ancient  Exchequer  during  the  same 
reign',  and  Exchequer  buildings  which  were  already  ruinous  in  the 
middle  of  the  century'. 

It  is  true  that  these  references  are  meagre  and  indistinct,  and  that 
they  are  derived  in  some  cases  from  secondary  authorities ;  but  only 
twenty  years  later  we  have  a  graphic  and  circumstantial  description 
of  the  preservation  and  employment  of  an  elaborate  series  of  fiscal 
and  judicial  records,  which  can,  to  a  large  extent,  be  identified  with  the 
existing  series'.     Even  at  this  date,  however,  there  docs  not  appear 

'  Above,  p.  14,  n.  4.  '  DialogMSf  I.  xiv. 

'  Dialogiis,  I.  vi.  *  See  l)clow,  Part  It. 

'  Chron.  Abingdon,  II.  116.     Cf.  J.  H.  Round,  Feutial  England,  p.  143. 

"  Diitlofftis,  I.  i.  an<l  xi. ;  A'ed  Book,  p.  659. 

'  ripe  Roll,  a  Henry  II  (1155),  Ix>ndon. 

'  Dialogtis,  I.  xiv.     Cf.  below,  Part  tl. 


1 6  The  History  of  the  Archives 

to  have  been  any  repository  of  Records  in  the  modern  sense.  This 
indeed  was  the  characteristic  feature  of  their  custody^  and  one  which 
was  equally  characteristic  of  the  custody  of  treasure  including  relics 
of  intrinsic  worth.  Like  the  miser's  hoard  ^  these  were  secreted  in 
many  wrappings  within  divers  uncouth  receptacles,  and  here  some 
have  remained  until  the  present  day  I  Bags  and  pouches,  hanapers 
and  skippets,  filled  with  deeds  and  conventions  under  seal,  with  rolls 
and  files  of  writs,  were  placed  in  pixes  and  chests,  and  these  in  turn 
were  stowed  away  in  the  great  arks^  or  hutches  which  stood  in  the 
ante-rooms  of  the  treasury  or  chamber,  to  be  removed  on  occasion 
with  the  coined  treasure,  plate,  and  regalia,  from  one  administrative 
centre  to  another. 

It  is  essential  for  a  clear  perception  of  the  nature  of  the  divided 
custody  of  the  State  Archives,  prior  to  the  Public  Record  Office  Act 
of  1838,  to  distinguish  between  the  official  jurisdictions  of  the  several 
repositories  in  use  from  the  close  of  the  12th  century  to  the  beginning 
of  the  19th.  In  addition  to  the  earliest  hoarding  of  Records  in  the 
royal  treasury  or  in  any  one  of  its  branches,  we  find  the  term 
"treasury"  used  from  the  13th  century  to  denote  several  independent 
repositories  associated  with  distinct  classes  of  Records.  There  was 
a  "treasury"  of  this  kind  in  the  Tower  of  London  and  "treasuries" 
of  the  King's  Bench,  of  the  Common  Pleas  and  of  the  Receipt  of  the 
Exchequer  within  or  adjoining  the  palace  of  Westminster,  besides  the 
ancient  royal  treasury  in  the  cloisters  of  the  Abbey^ 

Again  there  are  further  repositories  to  be  accounted  for,  such  as 
the  Wardrobe,  which  also  had  its  branches  at  the  Tower  and  at 
Westminster,  together  with  the  royal  chapels  or  churches  (other  than 
the  Abbey  itself)  where  Records  were  certainly  deposited  from  a  very 
early  date. 

^  Literary  manuscripts,  on  the  other  hand,  were  preserved  in  monastic  libraries  in  presses 
such  as  are  still  used  for  private  muniments. 

«  The  monkish  satirist  compares  Harold  to  a  usurer  gloating  over  his  treasure  {Lives  of 
Edward  the  Confessor  (Rolls),  p.  151). 

■■*  These  have  been  described  by  Sir  F.  Palgrave  (Kalendars,  &'c..  Vol.  i.  Preface),  but 
much  more  accurately  by  Sir  H.  Maxwell  Lyte  in  his  Catalogue  of  the  Museum  of  the 
Public  Record  Office  (1902). 

■•  Archa  was  the  12th  century  designation  of  these  receptacles,  and  "hutch"  was 
apparently  the  17th  century  official  rendering  of  the  later  term  "  huchea."  A  fine  specimen, 
though  of  later  date  than  the  1 2th  century,  is  still  preserved  as  the  so-called  ' '  Domesday 
chest"  at  the  Public  Record  Office.  The  "  Ark  of  the  Judaism  "  at  York  conveys  an  even 
wider  meaning,  equivalent  to  the  modern  "  Archives." 

"  For  the  archaeology  of  the  ancient  palace  of  Westminster  and  its  precincts  see 
Archceologia,  LX.  (i)  p.  131  sq.  and  H.  Hall,  Court  Life,  p.  114  sq.,  and  Antiquities  of  the 
Exchequer,  ch.  i. — Tii. 


The  History  of  the  Archives  1 7 

These  several  repositories  have  been  very  loosely  distinguished  by 
ancient  and  modern  writers  alike ;  but  although  their  contents  in  the 
shape  of  Records  and  treasure  are  frequently  seen  to  interchange*  it 
is  possible  to  make  some  important  distinctions. 

In  the  first  place,  we  have  the  central  treasury  found  in  historical 
times  at  Westminster  and  comprising  the  two  main  "  treasuries "  of 
the  Exchequer  of  Receipt  adjoining  the  Palace  and  the  "great 
treasury"  in  the  cloisters  of  the  Abbey.  The  former  of  these  was 
probably,  in  early  times,  merely  the  strong  room  of  the  Exchequer 
during  the  sessions  of  the  court,  becoming  eventually  the  permanent 
receptacle  of  the  more  important  Records  in  frequent  use.  The  latter 
was  apparently  used  by  the  Exchequer  oflficials  for  the  safe  custody 
of  the  Regalia  and  the  original  instruments  which  might  be  regarded 
as  the  title-deeds  of  the  crown 2. 

Besides  these  two  ancient  treasuries  at  Westminster,  there  were, 
as  we  have  seen,  the  departmental  "  treasuries  "  of  the  King's  Bench 
and  Common  Pleas  also  situated  within  the  Palace  precincts.  These 
may  be  regarded  as  mere  "over-flows"  of  the  Exchequer  treasuries 
to  which  the  judicial  Records  had  always  been  consigned  for  pre- 
servation when  handed  over  by  the  justices. 

Before  the  i6th  century  the  royal  treasury  described  by  the  author 
of  the  Dialogiis  had  split  up  into  four  well-marked  "treasuries"  within 
the  precincts  of  the  Abbey  and  the  Palace  of  Westminster*.  These 
were  eventually  reduced  to  one,  the  chapter-house,  as  the  older  functions 
of  the  treasury  were  superseded  by  the  "  general  repository "  and 
"Record  office"  of  later  times.  From  this  converted  treasury  the 
original  diplomatic  instruments  of  the  crown  with  the  great  bulk 
of  the  fiscal  and  judicial  Records  were  transferred  to  the  Public 
Record  office  together  with  many  of  the  chests  and  pouches  in 
which  they  had  been  preserved  for  some  500  years.  In  this  sense 
therefore  the  history  of  the  ancient  royal  treasury  can  be  traced  from 
first  to  last ;  but  in  another  direction  we  have  to  follow  out  the 
gradual  formation  of  other  central  repositories  containing  in  time 
a  still  larger  and  even  more  important  class  of  historical  Records, 
those  which  were  derived  directly  or  indirectly  from  the  Chancery  of 
the  English  kings. 

*  The  1800  Report  on  the  Public  Records  shows  that  a  few  Chancery  Rolls  were  still 
preserved  in  the  Chapter  House  whilst  a  considerable  number  of  judicial  records  had  found 
their  way  to  the  Tower.  Cf.  Cooper,  Proposals  for  a  Gttural  Retard  Office,  for  an  account  of 
the  Tower  Records  in  1831. 

*  Palgrave,  /Calendars,  i.  156.  Powell's  Repertorie  (1631)  mentions  the  ancient  kejn  of 
this  treasury  as  still  preserved  in  the  custody  of  the  Exchequer  officials. 

*  Powell,  Repertorie,  p.  15. 

H.  3 


1 8  The  History  of  the  Archives 

The  close  connexion  of  the  Chancery  of  the  Frankish  and  Norman 
kings  with  the  royal  chapel  is  well  known \  In  the  same  connexion 
we  find  from  a  very  early  period  the  Wardrobe  or  ante-chamber  of  the 
primitive  Camera  serving  as  a  bureau  or  secretariat  in  which  Records 
of  the  Chancery  and  Exchequer  were  frequently  deposited  for  imme- 
diate use^  It  was  through  this  channel  that  a  considerable  portion 
of  the  contents  of  the  old  royal  treasury  was  drafted  into  new 
repositories.  But  although  for  certain  purposes  of  state  the  Wardrobe 
provided  the  machinery  for  the  custody  and  distribution  of  the  royal 
treasure  and  Records  alike,  the  latter  were  presumably  compiled  by 
the  king's  clerks  in  the  Chancery  or  chapeP.  Long  after  the  other 
courts  of  law  had  taken  up  a  permanent  habitation  at  Westminster, 
the  Chancery  continued  to  follow  the  king,  so  that  like  the  king's 
court  itself,  in  an  earlier  period,  it  was  compelled  to  deposit  the  bulk 
of  its  Records  in  some  central  treasury. 

Here  again  a  distinction  seems  to  have  been  made  between 
Records  which  concerned  the  dignity  of  the  Crown,  and  those  which 
were  required  for  official  use.  The  former  were  consigned  to  the 
"  great  treasury  "  of  the  Wardrobe  in  the  Tower  of  London,  while  the 
latter  were  bestowed  in  some  temporary  repository,  such  as  the 
Temple  Church.  The  connexion  of  both  these  repositories  with  the 
Wardrobe  can  be  clearly  recognized  and,  as  of  old,  the  custody  of 
Records  was  associated  with  that  of  treasure  and  regalia.  Even 
as  early  as  the  reign  of  Edward  I  the  Wardrobe  appears  to  have 
had  the  custody  of  a  large  collection  of  royal  plate  together  with 
the  relics  in  contemporary  repute*,  and  we  may  also  suspect  that 
the  notices  of  Records  in  several  local  repositories  must  refer  to 
temporary  branches  of  the  "  removing  Wardrobe." 

But  although  the  position  of  these  repositories  of  the  Chancery 
Records  can  be  identified  from  the  reign  of  Edward  P,  no  attempt 
has  apparently  been  made  to  locate  the  same  class  of  Records  in 
a  still  earlier  period.  Now  a  considerable  mass  of  these  Records 
must  have  accumulated  since  the  reign  of  King  John*  and  it  is  only 

1  Du   Peyrat,  Hist.  Eccl'esiastique  de  la  Cour ;    Wattenbach,  op.  cit. ;    Red  Book  of  the 
Exchequer,  pp.  xix  sq.,  ccciii  sq.  and  807  sq. ;  Palgrave,  Kalendars,  Vol.  I.  xv. 
"^  Red  Book,  p.  xxi. 

*  As  late  as  the  reign  of  Edward  III  we  find  the  Chancery  clerks  at  work  in  the  Church 
of  St  Peter  at  York,  the  court  and  seat  of  government  being  then  at  York.  (Close  Roll, 
7  Edw.  Ill  Pt  I.  m.  3  d  ;  Ibid.  P'  II.  m.  4  d). 

■•  Palgrave,  Kalendars,  I.  Appx.;  Hall,  Antiquities  of  the  Exchequer,  p.  28. 

*  Close  Roll,  33  Edw.  I  m.  3. 

*  Of  Chancery  enrolments  alone  the  number  must  have  amounted  to  some  hundreds,  and 
in  addition  to  these  there  was  an  extensive  collection  of  writs  and  returns  and  miscellaneous 


The  History  of  the  Archives  19 

reasonable  to  assume  that  some  permanent  repository  was  provided 
for  such  Archives  during  the  greater  part  of  the  13th  century.  We 
know  indeed  from  the  evidence  of  these  very  Records  that  throughout 
the  reign  of  John  and  again  during  the  first  years  of  the  reign  of 
Henry  III  the  king's  "houses"  or  "chambers"  both  in  the  Tower 
and  in  the  New  Temple  were  used  for  the  preservation  of  treasure 
whilst  the  former  was  also  the  principal  seat  of  the  Wardrobe'. 
Again  the  Temple  Church  had  been  utilized  as  a  branch  treasury 
as  early  as  the  reign  of  Henry  H",  and  Chancery  Records  were 
certainly  deposited  here  during  the  reign  of  Edward  I. 

On  the  other  hand  there  is  no  direct  reference  to  the  preservation 
of  Records  either  in  the  Tower  or  the  Temple  before  the  latter  reign, 
and  it  is  by  no  means  inconceivable  that  during  the  whole  preceding 
period  the  Chancery  Rolls  were  preserved  in  the  Exchequer,  where 
the  fiscal  work  of  the  Chancery  was  transacted  in  the  12th  century*, 
or  in  the  ancient  treasury  within  the  Abbey  where  there  was  also 
a  branch  treasury  of  the  Wardrobe*.  However  this  may  be,  it  is 
clear  that  the  Chancery  itself  still  followed  the  Court  and  that  its 
Records  were  not  regarded  as  a  fixture  as  were  those  of  the 
Exchequer.  The  latter  were  examined  on  occasion  by  the  royal 
writ  directing  search  to  be  made  by  their  custodians  in  situ ;  but 
when  reference  was  required  to  the  Chancery  Rolls  we  find  that  they 
were  usually  despatched  bodily  to  the  king  wherever  he  might  be. 
The  distinction  is  certainly  significant*. 

documents,  apart  from  the  documents  in  the  custody  of  the  Clerk  of  the  Wardrobe  or  the 
Keeper  of  the  Privy  Seal  (cf.  Foedera,  i.  531). 

1  Calendar  0/  Close  Rolls  John  and  Henry  ///(Record  Commission),  pp.  141',  351,  450, 
508. 

»  Exchequer  Receipt  Roll  (1185),  pp.  vi,  31.  Cf.  Pat.  9  Henry  III  m.  5  for  the  use  of  the 
strong-rooms  of  religious  bodies  by  the  Crown.  In  the  reign  of  Henry  HI  we  find  Hubert  de 
Burgh's  private  treasure  stored  in  the  New  Temple  and  seized  there  by  the  king  (Matt. 
Paris,  Chron.  Majora,  in.  732).  An  important  political  convention  was  executed  here  in 
uSi  (Liber  B.  fol.  309*').  Wat  Tyler's  rebels  are  reputed  to  have  burnt  records  here.  Cf. 
also  Close,  20  Edw.  I  m.  13''. 

'  Dialogus,  I.  v.,  vi.  The  diplomatic  work  of  the  Chancery  was  doubtless  performed  in 
the  Camera  Clericorum,  which  would  be  found  in  every  royal  palace. 

*  Above,  pp.  16  and  18.  Payments  made  during  the  reign  of  Henry  III  for  the  working 
expenses  of  the  Chancery  and  Chapel  occur  in  the  same  entries  with  payments  for  the 
Palace  and  Exchequer  at  Westminster  (Close,  55  Hen.  HI  m.  7).  Madox  however  regards 
the  separation  of  the  two  establishments  as  dating  from  the  beginning  of  John's  reign. 
Cf  Antiquities  of  the  Exchequer,  p.  83. 

'  Searches  were  made  in  the  Chancery  Rolls  as  distinguished  from  Exchequer  Records  in 
the  reign  of  Edward  II  (A'«/  Book,  p.  953).  Original  treaties  together  with  Papal  Bulls 
appear  to  have  lieen  regarded  as  worthy  of  preservation  with  the  traditional  treasures  of  the 
realm.  These  instruments  however  properly  concerned  the  Chancery  alone.  In  fact  it 
appears  from  an  official  memorandum  in  the  i8th  year  of  Edward  II  that  the  originals  were 


20  The  History  of  the  Archives 

It  is  in  this  aspect,  as  we  have  seen,  that  the  Chancery  Records 
are  associated  with  the  Wardrobe  during  the  second  half  of  the 
13th  century.  In  another  aspect  the  departmental  activity  of  the 
Chancery  is  seen  to  be  transferred  before  the  close  of  this  century  to 
a  new  centre,  the  later  Chapel  of  the  Rolls,  which  may  thus  be  regarded 
as  superseding  the  old  official  establishment  of  the  king's  chapel  at 
Westminster  or  elsewhere.  The  nature  of  this  change  is  involved  in 
the  greatest  obscurity,  but  it  is  perhaps  possible  to  connect  it  with 
the  financial  operations  of  the  Crown  associated  with  the  Temple  and 
the  strategical  importance  of  the  Tower  during  the  civil  wars  of  the 
periods  At  the  same  time  this  settlement  of  Chancery  clerks  in  the 
houses  adjacent  to  the  Domus  Conversoriim  must  not  be  regarded  as  a 
migration  from  an  earlier  judicial  centre  at  Westminster,  since  the  con- 
nexion of  the  Chancery  itself  with  that  palace  cannot  be  clearly  proved. 

It  is  certainly  curious,  however,  that  the  later  judicial  overflows 
both  of  clerks  and  Records  were  in  the  same  direction^.  In  both 
cases  probably  the  neighbourhood  of  Chancery  Lane  was  the  site  most 
readily  available  for  this  purpose.  In  any  case  the  fact  remains  that 
the  three  modern  repositories,  or  Record  offices,  situated  in  the  Abbey 
of  Westminster,  the  Tower  and  the  Rolls  Chapel  respectively,  were  the 
lineal  successors  of  mediaeval  repositories  on  the  same  sites,  and  that 
distinct  classes  of  Records  were  preserved  in  each  of  these  repositories. 

From  the  end  of  the  13th  century,  then,  we  find  the  Chancery 
Records  in  current  use  preserved  in  the  vicinity  of  the  Inns  of  Court 
where  the  Chancery  masters  and  clerks  had  their  habitation^  Owing 
to  the  departmental  character  of  the  business  of  this  Court,  the 
custody  of  writs  and  returns,  petitions  and  pleadings,  was  naturally 
assumed  by  particular  clerks  or  groups  of  clerks.  Probably  the  line 
which  divided  the  king's  clerks  from  a  college  of  notaries  and  the 
latter  in  turn  from  a  corporation  of  cursitors  was  not  very  sharply 
drawn  in  the  14th  century*.     Thus  the  successors  of  the  clerks  who 

allowed  to  accumulate  in  the  hands  of  the  king's  clerks  before  they  were  transmitted  to  the 
Exchequer  Treasury  {Red  Book,  p.   1042).     Cf.  also  I'algrave,  Kalendars,  I.   1. 

*  The  New  Temple  was  accessible  both  from  the  Tower  and  Westminster  by  water. 
The  House  of  the  Friars  Minor  in  Chancery  Lane  was  another  repository  of  bonds  connected 
with  these  financial  transactions  in  which  the  City  merchants  were  subsequently  concerned 
and  which  were  entirely  managed  by  the  Chancery  and  Wardrobe.  There  was  also  in  the 
13th  century  a  close  connexion  between  the  king's  clerks  and  the  Church  of  St  Paul's. 

*  Cf.  Appendix  il. 

*  For  the  history  of  the  clerical  settlement  in  Chancery  Lane  see  G.  J.  Turner, 
Lincoln's  Inn. 

*  The  famous  dictum  of  Matthew  Paris — Ars  notaria  non  habetw  in  Anglia — must 
certainly  be  discounted  before  the  close  of  the  Middle  Ages. 


The  History  of  the  Archives  2 1 

dwelt  about  the  Chapel  of  the  Rolls  in  the  13th  century  were  still 
found  there  in  the  19th  with  current  Records  in  their  private  custody*. 
But  as  these  Records  accumulated  it  must  have  been  found  desirable 
from  a  very  early  date  to  collect  the  more  important  classes  in  a  local 
repository  where  they  could  be  readily  accessible  I 

Now  the  Chapel  of  the  Domus  Conversorum,  a  familiar  landmark 
even  in  the  time  of  Matthew  Paris,  served  this  purpose  admirably. 
From  the  year  1307  we  can  date  the  long  succession  of  Chancery 
clerks  who  were  at  once  keepers  of  the  Domus  Conversorum  and  of 
the  Rolls  of  Chancery',  both  of  those  preserved  in  the  Chapel  of  the 
Rolls  and  of  those  from  time  to  time  transferred  to  the  Tower. 

This  assimilation  of  the  offices  of  Keeper  of  the  Converts  and 
Master  of  the  Rolls  was  formally  completed  in  the  year   1377^ 

We  are  indeed  assured  by  older  antiquaries'  that  the  Master  of 
the  Rolls  was  charged  with  the  custody  of  the  Chancery  Rolls  dating 
from  the  reign  of  Richard  III,  the  earlier  rolls  being  preserved  in  the 
Tower,  which  thus  served  as  the  ultimate  repository  of  the  Chancery 
Records.  To  this  repository  transmissions  were  made  between  the 
reigns  of  Edward  III  and  Richard  III*,  but  in  course  of  time  these 
Records  were  placed  in  the  custody  of  a  separate  keeper,  and  a  fierce 
dispute  was  carried  on  in  the  16th  century  between  the  latter  and  the 
Master  of  the  Rolls  with  regard  to  their  respective  jurisdictions'. 

The  history  of  the  provincial  repositories  of  Records  is  a  subject 
which  properly  belongs  to  the  department  of  the  local  historian.  It 
is  possible  indeed  to  trace  the  more  important  transfers  of  the  Records 
from  one  strong-place  to  another  since  the  reign  of  Henry  II.     With 

*  1800  Report  of  the  Commissioners  of  Public  Records',  Red  Book  of  Exchequer,  p.  1041. 

■■^  Searches  made  by  the  Keeper  of  the  Rolls  for  departmental  purposes  are  referred  to  as 
early  as  the  19th  year  of  Edward  II  (AW  Book,  p.  956). 

*  Adam  de  Osgodeby,  who  had  been  appointed  Master  of  the  Rolls  in  1J95,  was  made 
Keeper  of  the  House  of  Converts  in  1307.  The  two  offices  may  have  been  held  together  from 
a  still  earlier  date. 

*  Pat.  51  Edw.  Ill  m.  20.  For  the  history  of  the  Rolls  Chapel  see  the  accoants  by 
Sir  H.  Maxwell  Lyte  in  the  Fifty-seventh  Report  of  the  Deputy  Keeper  of  the  Public  Records 
and  by  Mr  W.  J.  Hardy  in  Middlesex  b'c.  Notes  and  Queries,  II.  49. 

*  Powell,  Repertorie  of  Records,  p.  5. 

*  Ayloffe,  Calemlar  of  Tower  Rolls,  p.  xxvi.  Cf.  Pat.  1 1  Edw.  IV  P  I.  m.  34.  The 
accounts  of  the  clerk  of  the  Hanaper  contain  inventories  showing  that  a  "king's  messenger" 
with  a  pack-horse  and  groom  were  regularly  maintained  on  the  establishment  of  the  Chancery 
for  this  purpose. 

'  Edwards,  Libraries,  p.  147;  Cooper,  Proposal  for  a  General  Record  Ofice,  Appx.  D. 
The  question  seems  to  have  been  decided  in  favour  of  the  Master  of  the  Rolls  in  the  case 
of  Sir  Roger  Wilbraham,  whose  independent  appointment  as  Keeper  of  the  Tower 
Records  was  vacated  by  the  Privy  Council  in  1604  but  only  in  virtue  of  the  jurisdiction  of  the 
Master  over  the  Chancery  Rolls  (R.  Hist.  Soc.  Camden  MisteUany,  Vol.  X.  p.  80  n.). 


22  The  History  of  the  Archives 

the  exception,  however,  of  the  temporary  removals  of  the  whole  or 
the  greater  part  of  the  curial  records  in  connexion  with  the  transfer, 
of  the  administrative  machinery  to  the  north  or  west  during  the  wars 
with  Scotland  and  Wales  respectively^  these  removals  have  no 
influence  upon  the  continuous  custody  of  the  State  Archives  in  the 
capital  itself  At  one  time  or  another  Winchester,  Northampton, 
Southampton  and  other  strongholds  were  utilized  as  repositories 
of  treasure  and  Records  alike,  but  no  traces  of  their  position  have 
survived  ^ 

More  interest,  perhaps,  attaches  to  the  transfers  of  Records  from 
Scotland*  and  Ireland*  to  London,  and  to  the  preservation  of  Welsh 
Records  in  the  Edwardian  Castles  or  later  Sessions  Halls  ^  but  these 
questions  concern  the  history  of  other  national  establishments. 

It  has  been  previously  stated  that  the  history  of  the  mediaeval 
Record  repositories  in  this  country  can  be  traced  in  outline  from  the 
middle  of  the  I2th  century.  It  might  even  be  conjectured  that  in 
a  still  earlier  period  the  "  Keeper  of  the  Chapel  and  Relics "  was 
responsible  for  the  safety  of  the  few  manuscript  treasures  which  were 
preserved  in  the  immediate  vicinity  of  the  itinerant  court,  although 
we  can  scarcely  suppose  that  the  Magister  Scriptorii,  who  appears  in 
the  reign  of  Henry  II,  had  a  position  analogous  to  that  of  the  Custos 
Rotulorum  in  a  later  period. 

Naturally  we  learn  a  great  deal  more  about  the  personnel  of  the 
Exchequer  treasury  than  about  the  corresponding  staff  of  the 
Chancery  repositories,  but  in  each  department  we  find  great  officers 
of  State  associated  in  the  charge  of  the  Records  whose  lieutenants 
gradually  assume  the  sole  responsibility  for  their  safe  keeping*.  In 
the  one  case  we  have  the  Treasurer  and  the  Chamberlains,  and  in  the 
other  the  Chancellor  and  the  Keeper  of  the  Rolls.  Below  these  are 
the  ushers  and  Serjeants  who  have  the  actual  handling  of  the  Records, 

*  Cf.  Dialogus  (Oxford  ed.),  p.  44  ;  Hall,  Antiquities  of  the  Exchequer,  p.  74.  Cf.  Pat. 
16  Ric.  II  P'  II.  m.  21 ;  Close,  28  Edw.  I  m.  6d;  Ibid.  20  Edw.  I  m.  13d;  Ibid.  7  £<!.  Ill 
P'  I.  m.  12  d;  Ibid.  15  Ric.  II  m.  3d  ;  Ibid.  16  Ric.  II  m.  lo;  Ibid.  22  Ric.  II  P'  I.  m.  13. 

2  Hall,  p.  II.     Cf.  Pat.  16  Edw.  II  P*  I.  m.  28. 

3  Cf.  M.  Livingstone,  Guide  to  the  Public  Records  of  Scotland,  pp.  vii — xviii,  and  the 
authorities  cited  in  that  work,  and  in  J.  Bain,  Calendar  of  Scottish  Documents,  Vol.  i. 
Preface;  F.  Palgrave,  Scottish  Documents,  Intro. ;  J.  Ayloffe,  Calendar  of  Ancient  Charters, 
Intro.;  W.  Robertson,  Index  of  Scotch  Records,  p.  i ;  W.  Thomson,  Acts  of  the  Parliaments 
of  Scotland,  Vol.  I.  p.  107. 

*  Red  Book,  p.  976.  '  See  Appendix  i,  c. 

*  Red  Book  of  the  Exchequer  (Rolls),  p.  cclxxxvii  sqq. ;  Antiquities  of  the  Exchequer, 
p.   77  sqq. 


The  History  of  the  Archives  23 

or  who  contract  for  supplying  the  necessaries  of  the  Office.  In  the 
earHest  period,  however,  we  notice  a  tendency  towards  speciaUzation, 
whereby  the  custody  of  particular  classes  of  Records  is  entrusted  to 
special  officers,  such  as  the  Exchequer  marshall  and  the  keeper  of  the 
Chancery  Hanaper.  Later  still,  during  the  early  part  of  the  14th 
century,  we  find  the  Exchequer  divided  for  administrative  purposes 
into  several  distinct  departments,  each  of  which  retained  the  entire 
control  of  its  own  Records^  The  example  of  the  Exchequer  was 
followed  by  the  other  courts  in  turn,  until  in  the  first  year  of  the 
19th  century  we  find  the  Public  Records  scattered  through  no  fewer 
than  sixty  official  repositories^ 

From  a  very  early  period  the  custody  of  the  Records  of  the 
Crown  involved  some  attempt  in  the  direction  of  their  arrangement 
and  the  description  of  their  contents  for  convenience  of  reference. 
For  this  purpose  a  number  of  writs  were  issued  at  different  dates, 
from  the  beginning  of  the  14th  century  onwards'.  We  may  certainly 
suspect  that  these  operations  were  directed  by  the  Crown  with  a  view 
to  vindicate  its  prerogative  in  various  quarters.  From  another  point 
of  view  the  officials  had  a  direct  interest  in  the  preservation  of 
precedents  which  might  affect  their  privileges  and  perquisites*. 
Finally  we  can  distinguish  the  germ  of  the  later  constitutional 
theory  that  the  Records  at  large  were  preserved  by  the  Crown  for 
the  benefit  of  the  whole  community',  and  from  this  position  it  is  only 
one  step  (in  point  of  principle)  to  the  establishment  and  maintenance 
of  a  central  Record  office  at  the  national  expense.  This  single  step 
proved,  however,  to  be  a  long  one,  for  it  was  not  actually  taken  until 
the  middle  of  the  19th  century. 

On  the  whole  few  more  praiseworthy  intentions  can  be  placed  to  the 
credit  of  our  earliest  sovereigns  than  this  solicitude  for  the  safety  and 
utility  of  those  Records  which  they  rightly  estimated  as  the  "  chiefest 
jewels  of  their  crowns'."     At  the  same  time,  in  spite  of  a  general 

*  The  offices  of  the  two  Remembrancers  may  be  given  as  instances,  and  one  of  these  has 
still  the  custody  of  certain  Records  {Red  Book,  p.  86359.). 

'  Deputy  Keeper^  2^rd  Report,  Appx.,  p.  60. 

*  De  supervidendo  rottdos.  De  rotulis,  St'c,  in  recto  ordine  pontndis.  De  bullis,  ckartis, 
&'c.,  in  kalendario  certo  ponendis,  Ss'c.  In  the  reign  of  Edward  II  the  arrangement  of  the 
Tower  records  was  reserved  for  the  king's  clerks  (Abbrev.  Plae.  p.  343).     See  Appendix  I,  r. 

*  These  were  frequently  entered  in  a  separate  form  in  registers  such  as  the  Rctl  and  Black 
Books  of  the  Exchequer.     Cf.  Red  Book,  p.  8aa  sq. 

»  Rot.  Pari.  II.  314. 

"  Prynne,  Parliamentary  IVriis,  Vol.  IV.  (Dedication);  Ayloffe,  Calendars,  p.  ni  sqq. 
In  i8}3  a  War  Office  report  on  the  Tower  garrison  states  that  the  Records  are  the  most 
valuable  of  its  contents  and  the  best  deserving  miliiary  protection.     In  addition  to  the  writt 


24  The  History  of  the  Archives 

agreement  upon  the  principles  to  be  pursued  in  dealing  with  the 
national  Records  we  have  to  deplore  almost  incalculable  losses 
through  premature  decay  and  systematic  abstractions.  These  losses 
are  chiefly  due  to  the  deliberate  neglect  of  later  official  custodians 
and  to  the  still  more  wanton  refusal  of  the  parliaments  and  ministries 
of  the  1 8th  and  even  of  the  19th  century  to  adopt  the  simplest  pre- 
cautions for  their  safe-keeping\ 

The  explanation  is  simple.  As  long  as  the  Records  were  regarded 
as  part  and  parcel  of  the  contents  of  the  treasure  of  the  Crown  they 
were  guarded  with  the  same  jealous  care  as  the  other  contents  of  the 
royal  treasuries^  but  the  growth  of  the  departmental  system  gave 
opportunities  for  abuses  which  could  not  be  easily  checked.  In  fact 
the  clerks  of  the  rolls  and  writs  and  their  subordinates  came  to  regard 
these  Records  as  a  source  of  income  by  means  of  office  fees.  Such 
Records  as  could  obtain  access  to  the  light  and  air  survived,  and, 
as  with  the  Sibyl's  books,  their  market  value  was  enhanced  by  the 
destruction  of  their  fellows. 

Certainly  the  anxiety  displayed  by  enlightened  antiquaries  to 
save  some  specimens  of  historical  evidence  from  these  putrid  heaps  of 
parchment  brought  grist  to  the  mills  of  their  custodians.  The  missions 
of  Brequigny  and  other  foreign  scholars  are  instances  in  point.  By 
dint  of  groping  on  his  hands  and  knees  amidst  the  dust  and  corrup- 
tion of  the  low-roofed  cock-lofts  of  the  Exchequer  treasuries  and  by 
driving  hard  bargains  with  the  patent  officers  of  the  Rolls  Chapel 
and  the  Tower,  a  great  French  antiquary  was  able  to  rescue  some 
twelve  thousand  historical  documents  from  oblivion  and  probable 
destruction^.  These  official  abuses  were  severely  stigmatised  by  Sir 
Harris  Nicolas*,  though  the  excuse  pleaded,  that  the  officers  received 
inadequate  salaries  from  the  Crown,  may  perhaps  shift  the  responsi- 
bility from  the  individual  to  the  State. 

alluded  to  above,  the  proceedings  taken  in  the  political  trials  of  1289  (Assize  Rolls,  Nos.  541* 
and  541'')  and  iJ,<)^  {Rot.  Pari.  ill.  418)  and  the  statutes  against  their  falsification  may  be  noticed 
as  early  vindications  of  the  importance  of  Records.  Earlier  still  their  value  in  connexion  with 
the  constitutional  disputes  with  the  Papacy  and  the  Scottish  nation  was  clearly  recognized. 

^  Cf.  above  (Introduction),  p.  7.  It  would  probably  be  a  matter  of  some  difficulty  to 
compile  even  an  approximate  list  of  disasters  to  Records  by  fire  or  wanton  destruction,  still 
more  of  losses  through  negligent  custody  or  ignorant  suppression.  The  subject,  however,  is 
one  that  is  sure  to  receive  more  attention  as  the  value  of  the  surviving  Records  becomes 
enhanced. 

*  This  is  well  seen  in  the  indentures  executed  for  the  delivery  and  return  of  Records  from 
the  Treasury  during  the  Middle  Ages  (Palgrave,  Kaletidars  and  Invmtories).  Cf.  stat.  5  Hen. 
IV  c.  14  on  the  "imbesilled"  Notes  of  Fines  in  official  custody. 

*  Delpit,  p.  xvi;  Black  Book  of  Exchequer,  s.a.  1672;  Carte,  Rolles  Gascotts  (Preface). 

*  State  of  Historical  Literature,  p.  9  sq. 


The  History  of  the  Archives  25 

At  the  same  time  it  is  impossible  to  avoid  the  conclusion  that  this 
increasing  interest  in  original  authorities  and  constitutional  precedents 
led  to  the  wholesale  abstraction  of  public  documents  from  official 
custody.  The  rich  spoils  of  the  monastic  muniment  rooms  were 
largely  appropriated  by  private  collectors,  and  the  eventual  loss 
sustained  by  the  nation  is  not  to  be  counted  only  by  the  destruction 
wrought  through  the  inadequate  housing  of  its  Records.  As  for  such 
Records  as  were  still  preserved  in  provincial  repositories,  but  a  small 
percentage  had  survived  at  the  beginning  of  the  last  century.  The 
cause  of  this  further  loss  is  not  difficult  to  find  when  we  know  the  fate 
of  the  great  collection  of  local  Records  once  deposited  in  Dover 
Castle'.  Almost  within  living  memory  the  public  Records  have  been 
sold  for  glue  by  the  soldiers  and  workmen  employed  to  remove  them 
from  one  pestilential  vermin-haunted  den  to  another^  and  to  this  day 
ancient  Records  are  still  preserved  in  isolated  repositories  in  spite 
of  the  Act  of  1838. 

The  story  of  these  offences  against  the  national  honour  has  often 
been  told  in  the  plain,  unvarnished  language  of  the  indignant  modem 
antiquary*.  It  must  not  be  supposed,  however,  that  this  scandalous 
neglect  of  a  public  duty  was  allowed  to  pass  without  a  protest  or 
some  proffered  remedy.  So  far  the  Crown  had  done  little  more  than 
indulge  in  platitudes  concerning  the  sacredness  of  legal  records, 
varied  by  the  occasional  employment  of  some  learned  clerk  to  close 
up  the  gaps  in  the  series.  But  other  interests  were  at  length  awakened. 
The  great  lawyers  of  the  school  of  Dyer  presented  a  petition  to  Queen 
Elizabeth  for  rebuilding  and  enlarging  the  Record  treasuries  at  West- 
minster, Antiquaries  like  Stowe  and  Camden  vied  with  zealous 
officials  such  as  Agarde  and  Bowyer  in  calling  attention  to  the 
subject.  In  the  next  reign  we  find  men  of  learning  and  discernment 
like  Francis  Bacon  propounding  a  scheme  for  a  "general  Record 
office,"  which  was  actually  authorised  by  letters  patent  in  the  year 
1619*. 

The  failure  of  the  Parliaments  of  the  Commonwealth  to  devise  any 

*  Archaeologia  Cantiana,  l.  53,  54. 

'  Pari.  Papers,  1836,  Vol.  xvi.  See  also  the  Report  of  the  House  of  Lords  Committee 
in  1840  on  the  destruction  and  sale  of  Exche<|uer  Records. 

'  F.  W.  Maitland,  Memoranda  de  Parliamenlo  (Rolls),  p.  xiii ;  A.  C.  Ew^ld,  Our  Publu 
Records,  p.  14  sq.  For  the  earlier  official  view  of  the  matter  cf.  Q.K.  Vol.  XXX I x.  and  Frastr^s 
Magazine,  i86i. 

*  Althou(;h  the  business  of  this  new  office  was  concerned  only  with  the  registration  and 
verification  of  titles  to  land,  this  obviously  involved  the  proper  arrangement  and  preservation 
of  a  large  class  of  Records.  The  whole  scheme  however  fell  to  the  ground  (Edwards, 
Libraries,  p.  147).     For  the  Elixabethan  agitation,  cf.  S.  P.  Dom.  XLVII.   17. 


26  The  History  of  the  Archives 

means  for  the  better  custody  of  the  Records  which  had  proved  of 
such  value  in  justifying  their  cause,  must  always  be  regarded  as 
a  deep  reproach  to  the  party  of  progress.  We  are  scarcely  surprised, 
however,  to  find  that  after  the  Restoration  matters  went  from  bad  to 
worse.  Devoted  scholars  like  Prynne,  Madox,  and  Le  Neve  laboured 
with  their  own  hands  to  cleanse  and  arrange  the  Records  and  to 
make  their  contents  available  for  historical  study.  No  real  progress 
was  made  during  the  remainder  of  the  17th  century,  but  with  the 
reign  of  Anne  we  have  the  beginning  of  a  protracted  enquiry,  which 
was  not  concluded  till  the  year  1837. 

For  this  new  movement  the  nation  was  indebted  to  the  scholarly 
instincts  of  Robert  Harley,  though  the  solemn  warnings  of  the  great 
antiquaries  of  the  Restoration  period  had  indeed  caused  a  general 
uneasiness  to  be  felt  on  the  score  of  the  safety  of  the  Records.  The 
official  enquiry,  which  occupied  the  whole  of  the  reigns  of  Anne  and 
George  I,  resulted  in  the  Reports  of  the  Committees  of  the  Lords  and 
Commons  in  17 19  and  1732,  but  although  the  effect  of  these  Reports 
was  enhanced  by  the  shock  of  the  great  fire  at  Ashburnham  house, 
the  condition  of  the  Records  had  not  been  perceptibly  ameliorated 
when  the  next  great  survey  was  made  in  the  year  1800. 

Indeed  by  far  the  saddest  part  of  the  story  of  this  national  dis- 
grace is  that  which  reveals  the  perfect  consciousness  of  the  authorities 
as  to  the  real  state  of  affairs.  On  the  whole  the  burden  of  blame 
must  be  borne  by  the  ministers  of  the  Crown  and  by  the  later  Parlia- 
ments which  allowed  the  urgent  recommendations  of  their  committees 
to  remain  unheeded.  Again  and  again  we  find  the  officials  of  some 
temporary  repository  of  legal  Records  representing  the  absolute 
necessity  of  removing  its  contents  to  a  place  of  safety.  After  years 
of  delay  the  necessary  order  is  given,  and  after  a  further  period  of 
official  procrastination,  illumined  by  various  destructive  fires,  the 
Records  are  still  found  in  festering  heaps  in  the  same  position. 

It  is  true  that  in  1763  certain  learned  antiquaries  were  appointed 
to  "methodize"  the  Records^  but  thirty  years  of  "methodizing" 
produced  no  more  beneficial  result  than  the  publication  of  a  few 
imperfect  calendars  or  texts. 

In  1772  the  report  of  a  Committee  of  the  House  of  Commons  led 
to  the  establishment  of  an  official  copying  department  in  connexion 
with  the  Rolls  Chapel  to  avoid  the  practice  of  removing  Records 
to  the  private  residences  of  the  officials,  which  had  been  usual  since 
the  13th  century^ 

^  Edwards,  op.  cit.,  p.  270,  and  below,  p.  41.  ^  C.J.  xxxiii.  791. 


The  History  of  the  Archives  27 

In  1788  and  1789  yet  another  committee  reported  strongly  on  the 
state  of  the  Record  repositories  surrounding  Westminster  Hall,  and, 
after  a  further  report  in  1793,  some  of  these  houses  were  pulled  down 
to  improve  the  approach  to  the  Hall  itself,  and  their  contents  were 
removed  to  somewhat  safer  quarters  in  Somerset  House'. 

It  is  not  necessary  to  go  outside  the  report  of  the  Record  Com- 
mission in  1837  for  an  explanation  of  the  failure  of  Parliament  to  deal 
with  this  vital  question,  neither  is  it  desirable  to  review  here  the 
merits  of  the  bitter  controversy  to  which  the  policy  of  the  Commission 
had  given  rise'.  But  when  we  read  the  complacent  verbiage  of  this 
Report  we  cannot  but  reflect  that  from  the  death  of  Charles  I  to  the 
accession  of  Queen  Victoria  nothing  had  been  done  to  ensure  the 
safety,  the  necessary  repairs  and  the  proper  arrangement  of  the  Public 
Records.  Whilst  the  ministers  of  that  day  were  intent  on  cheapening 
the  humble  accommodation  demanded  by  experts  for  the  security 
of  the  national  Archives  at  the  crisis  of  their  fate,  the  officials 
who  should  have  been  engaged  in  their  jealous  preservation  were 
employed  as  sub-commissioners  in  preparing  worthless  texts,  im- 
perfect calendars,  and  misleading  indexes  at  a  total  cost  to  the 
nation  of  some  hundreds  of  thousands  of  pounds.  And  then  we 
recall  the  days  when,  with  a  stroke  of  the  pen,  even  kings  like 
Edward  II  could  require  the  contents  of  their  Record  treasuries  to 
be  arranged,  and  could  find  a  bishop  designate  to  do  the  work  with 
his  own  hands'. 

The  famous  Commission  on  the  Public  Records  was  probably 
allowed  to  expire  in  1837,  in  consequence  of  the  unfavourable  report 
of  a  Select  Committee  of  the  House  of  Commons  in  the  preceding 
year*.  Meanwhile  the  party  of  reform  was  preparing  to  bring  in  a 
private  Bill  for  the  establishment  of  a  general  repository  for  the  Public 
Records,  but  the  matter  was  allowed  to  drop  upon  an  assurance  being 
given  by  the  Government  that  a  public  Bill  for  this  purpose  would  be 
introduced  at  the  first  opportunity.  Thus  the  Public  Record  Office 
Act  of  1838  was  passed  "to  establish  one  Record  Office  and  a  better 
custody,  and  to  allow  the  free  use  of  the  said  Records*." 

The  immediate  effects  of  the  Act  were  not,  however,  great.     The 

'  C.J.  xi.viii.  848. 

'  Cf.  Sir  H.  Nicolas,  Stale  of  Historical  Literature,  p.  85. 

'  Palgrave,  Kaletuiars  and  Inventories,  i.  p.  i. 

*  Pari.  Papers,  1836,  XVI.,  and  the  evidence  separately  published  [Papers  and  Documents, 

1837)- 

'  I  and  1  Vic.  c.  94  in  connexion  with  the  second  section  of  which  must  be  considered  the 
Order  in  Council  of  5  Mar.  1851. 


28  The  History  of  the  Archives 

Rolls  Chapel  was  practically  recognized  as  the  centre  of  the  future 
establishment,  and  all  the  Records  of  the  Chancery  were  forthwith 
transferred  to  the  custody  of  the  Master  of  the  Rolls.  But  before  the 
remainder  of  the  scattered  Records  could  be  transferred  to  the  same 
custody  a  new  central  repository  had  to  be  provided,  together  with 
an  adequate  clerical  staff.  Even  now  the  transfer  might  have  been 
indefinitely  protracted  but  for  the  firmness  of  Lord  Langdale,  then 
Master  of  the  Rolls^  At  length  in  1839  ^  start  was  made  in  a 
humble  way  with  an  establishment  which  had  its  headquarters  at  the 
Rolls  House,  whence  a  general  supervision  was  exercised  over  the  old 
repositories,  which  were  now  regarded  as  branch  offices.  Many  years 
of  course  elapsed  before  the  bulk  of  the  Public  Records  was  safely 
housed,  and  the  work  was  not  then  nor  is  it  even  now  completed.  It 
has  kept  pace  with  the  extension  of  the  great  repository  in  Fetter 
Lane,  and  it  has  involved  the  seemingly  interminable  task  of  the 
arrangement  and  description  of  newly  discovered  treasures. 

It  is  perhaps  in  this  direction  that  the  progress  effected  during  the 
late  reign  appears  most  striking  ;  but  the  credit  of  opening  up  this 
mine  of  knowledge  to  the  whole  body  of  students  does  not  belong  to 
the  Government  alone.  We  are  indebted,  it  is  true,  to  official  industry 
for  the  long  and  valuable  series  of  Deputy  Keeper's  reports  and  for 
the  hundreds  of  calendars  and  chronicles  which  have  made  the 
"  Rolls  Series "  famous  throughout  the  world.  More  recently  still 
immense  improvements  in  the  method  of  official  publications  have 
been  introduced  by  Sir  Henry  Maxwell  Lyte.  The  desultory  ap- 
pendices to  the  Deputy  Keeper's  reports  and  the  ragged  manuscript 
lists,  which  were  formerly  in  use  in  the  public  search  rooms,  are  giving 
place  to  a  new  series  of  printed  inventories^  which  bear  evidence 
of  a  concentrated  arrangement  of  the  Records,  which  was  impossible 
so  long  as  they  were  preserved  in  isolated  repositories  and  which  has 
been  accomplished  none  too  soon. 

It  is  possible,  indeed,  that  the  very  publicity  and  facility  of  access 
which  have  resulted  from  these  striking  reforms  may  eventually 
prepare  a  fresh  danger,  which  will  demand  in  turn  an  extraordinary 
remedy.  In  the  dark  days  of  ignorant  neglect  the  Records  at  least 
escaped  the  wear  and  tear  of  frequent  reference.     But  the  Record,  we 

^  Deputy  Keeper's  First  Report,  pp.  67 — 73.  The  Treasury  held  out  for  another  ten 
years  in  the  expectation  that  the  Victoria  Tower  at  Westminster  would  be  found  available  for 
this  purpose. 

^  Public  Record  Office  "  Indexes  and  Lists."  A  good  account  of  these  important 
innovations  by  Mr  E.  G.  Atkinson  of  the  Public  Record  Office  will  be  found  in  the 
Revue  Internationale  des  Archives  (1895 — 6). 


The  History  of  the  Archives  29 

are  told,  was  made  in  order  that  it  might  be  searched ^  To  be  worn 
out  in  the  pubHc  service  is  a  fate  which  it  can  no  more  escape  than 
its  custodians.  All  that  can  be  done  to  prolong  its  existence  is  being 
rapidly  accomplished  by  means  of  wise  precautions  and  ingenious 
devices. 

.  Whether  the  publication  of  Record  calendars  is  calculated  to  avoid 
the  necessity  of  referring  to  the  original  MS.  is  an  academic  question 
upon  which  the  authorities  disagree,  whilst  the  relative  merits  of  texts 
in  record  type,  of  extensions  and  of  an  English  version  cannot  be 
easily  decided.  Of  one  thing,  however,  there  can  be  no  doubt  at  all ; 
that  if  the  vast  sums  which  have  been  squandered  since  the  beginning 
of  the  1 8th  century  upon  publications  which  fail  to  bring  us  into 
touch  with  the  original  Record  were  now  available,  the  reproduction  in 
facsimile  of  the  whole  series  of  our  earliest  Records  would  afford 
a  practical  solution  of  the  difficulty,  and  one  which  will  perhaps  be 
sought  for  in  our  own  time. 

There  is  one  more  question  to  be  considered  in  connexion  with 
the  custody  of  the  Public  Records,  and  it  is  one  which  deeply  con- 
cerns the  preservation  and  especially  the  accessibility  of  the  modern 
series  of  these  historical  materials  for  the  use  of  future  students.  The 
conventional  view  of  the  custody  of  the  PubHc  Records  of  this  country 
can  only  compass  the  official  environment  of  the  royal  Archives  in 
the  ancient  buildings  of  the  metropolis  ;  but  Records  of  an  admittedly 
official  character  are  stored  outside  these  limits  in  the  personal 
custody  of  local  magnates  and  officials.  More  than  this :  the  wider 
view  of  the  public  interests  which  was  first  permitted  by  the  great 
political  reforms  of  the  last  century  has,  in  our  own  day,  enabled  us 
to  realize  that  the  "  Local  Records "  which  were  once  regarded  as 
purely  private  muniments,  and  which  are  still  treated  accordingly,  are 
part  and  parcel  of  the  nation's  title-deeds*.  That  this  view  has  led 
to  a  widespread  interest  in  the  better  preservation  of  these  local 
Records,  on  purely  historical  grounds,  and  to  an  admirable  scheme  of 
permissive  legislation  for  this  purpose  must  be  regarded  as  a  highly 
satisfactory  achievement*.  It  has  also  drafted  a  new  chapter  in  the 
history  of  the  custody  and  classification  of  the  Public  Records  which 
lies  beyond  the  scope  of  our  present  enquiry*. 

*  Scrutare  rotulos  is  a  formula  as  old  as  the  13th  century. 

*  This  obvious  devolution  has  been  effected  without  question  in  the  administration  of  the 
decrees  for  the  centralisation  and  custody  of  the  national  and  provincial  Archives  in  France, 
Belgium  and  the  Netherlands. 

^  Report  of  Committee  on  Local  Records  (1901). 

*  See  Appendix  i,  K. 


30  The  History  of  the  Archives 

{b)     State  Papers. 

In  one  aspect  the  history  of  the  State  Papers  closely  resembles 
that  of  the  legal  Records  ;  in  another  aspect  these  documents  will 
indicate  a  new  development  in  the  composition  and  custody  of  the 
State  Archives.  For  the  former  view  we  were  to  some  extent  prepared 
by  the  purely  ministerial  character  of  a  large  section  of  mediaeval 
diplomatic  documents,  and  from  these  the  ministerial  papers  of  the 
1 6th  and  i/th  centuries  might  seem  to  have  been  lineally  descended. 
The  analogy,  however,  could  not  be  very  successfully  maintained.  It 
is  true  that  a  letter  is  a  letter,  whether  it  was  penned  in  the  13th 
century  or  in  the  16th,  and  whether  it  is  expressed  in  Latin,  in 
Old  French  or  in  the  vernacular  which  was  able  to  survive  all 
foreign  agencies.  Again  a  close  resemblance  might  perhaps  be 
traced  between  the  modern  State  Papers  relating  to  domestic,  foreign, 
and  colonial  or  provincial  affairs  and  their  mediaeval  counterparts  in 
the  shape  of  the  Chancery  enrolments  dealing  with  public  administra- 
tion, finance,  commerce,  ecclesiastical  matters  and  the  kingly  state ; 
or  with  foreign  and  colonial  relations,  according  to  a  geographical 
arrangement  which  endured  for  many  centuries.  These  official  enrol- 
ments were  even  continued  in  a  few  instances^  down  to  modern  times, 
but  this  very  continuity  only  accentuates  the  altered  character  of  the 
great  mass  of  later  correspondence. 

In  spite  of  the  clerical  activity  of  the  shadowy  "  Prothonotary  "  of 
the  early  Chancery,  and  the  traditional  descent  of  the  later  Secretary 
of  State  from  the  household  Secretary  of  the  Plantagenet  kings, 
nothing  can  be  more  clear  than  the  distinction  between  the  ministerial 
\!Recor.ds  of  the  mediaeval  Chancery  and  the  "  Papers  of  State"  which 
are  gathered  into  a  new  collection  from  the  reign  of  Henry  VIII. 
In  some  respects  a  much  closer  connexion  existed  between  the  office 
of  the  later  Secretary  of  State  and  that  of  the  earlier  Keeper  of  the 
King's  Signet,  a  connexion  which  even  involved  the  custody  of 
diplomatic  instruments  as  formal  in  their  construction  as  those  of  the 
Chancery  itself.  But  here  once  more  we  have  to  make  a  distinction 
between  official  instruments  and  official  correspondence.  Although 
both  classes  of  documents  were  executed  and  received  by  the  same 
department  in  mediaeval  or  modern  times  alike,  the  former  were  in 
most  cases  merely  the  first  drafts  of  royal  acts  that  were  finally 
recorded  in  the  Chancery,  whilst  the  latter  were  chiefly  muniments 
transmitted  from  the  first  into  the  Treasury  or  some  other  recognized 

1  e.g.  the  Patent,  Close,  French,  Dispensation  and  Coronation  Rolls. 


The  History  of  the  Archives  31 

repository'.  Thus  the  continuity  of  the  custody  of  State  Papers 
in  the  Treasury  of  the  Exchequer  is  really  unconnected  with 
their  execution  or  enrolment  by  the  Chancery,  and  it  is  noticeable 
that  this  fact  was  persistently  alleged  by  the  old  official  archivists, 
and  that  it  is  confirmed  by  the  preservation  in  modern  times  of  a 
large  mass  of  actual  State  Papers  in  the  Chapter  House  at  West- 
minster^ 

But  although  it  would  be  unwise  to  push  the  analogy  between  the 
construction  and  preservation  of  the  ancient  and  modern  State  Papers 
too  far,  it  must  certainly  be  admitted  that  mediaeval  forms  and 
usages  were  projected  far  into  the  period  of  modern  history  as  usually 
defined.  In  the  reign  of  Henry  VH  we  meet  with  little  else  than 
formal  instruments  composed  in  Latin  and  French,  and  even  the 
manor  hall  and  the  merchant's  counting-house  could  produce  speci- 
mens of  the  cursive,  vernacular  writings  less  laboured  than  those 
proceeding  from  the  Privy  chamber  or  the  Wardrobe. 

It  is  from  the  reign  of  Henry  VIII  therefore,  and  from  the  new 
political  epoch  which  it  inaugurated,  that  the  modern  series  of  State 
Papers  must  properly  be  dated,  and  there  can  be  little  doubt  that  the 
collection  as  a  whole  owes  its  existence  to  the  new  importance  of  the 
Secretary  of  State's  office  in  that  reign.  From  this  time  onwards  the 
"papers  and  Records  of  State,"  as  distinguished  from  the  judicial 
Records  of  the  Courts  of  Law  and  the  private  muniments  of  the 
Household,  Parliament  and  Council,  are  found  in  and  about  the 
Courts  of  Whitehall  or  St  James.  Before  long  a  separate  repository 
is  erected  for  their  custody,  the  king's  Library  or  Study,  in  theory, 
although,  in  fact,  the  meanest  garret  could  be  glorified  by  the 
designation  of  "  the  Office  of  Papers  of  State." 

The  "  Study "  at  Westminster  is  mentioned  in  the  reign  of 
Henry  VIII  as  a  repository  in  connexion  with  the  department  of  the 
Secretary  of  State.  It  is  possible  and  even  probable  that  for  West- 
minster we  should  understand  that  outwork  of  the  ancient  royal 
palace,  better  known  as  Whitehall'.  The  collection  here  referred  to 
was   apparently    in    the   official    custody    of    Secretary    Paget,   and 

'  The  Liber  Alemorandorum  of  the  Exchequer,  in  which  these  transmissions  were 
registered,  extends  to  the  38th  year  of  Henry  VIII. 

*  These  formed  the  chief  contents  of  the  "Second  Treasury"  in  Agarde's  time 
(Refertorie,  p.  18). 

*  Whitehall  was  regarded  in  the  reign  of  Henry  VIII  as  included  in  the  Palace 
of  Westminster.  It  seems  clear,  however,  from  a  memorandum  by  William  Honnyng 
in  1544  (Cal.  of  Letters,  &'e.  Vol.  xx(ll).  864  and  98a)  that  the  Westminster  gate-house  was 
the  site  of  this  *'  Study." 


32  The  History  of  the  Archives 

included  some  Records  of  more  ancient  date  than  the  reign  of 
Henry  VIII.  The  bulk  of  it  was,  however,  of  this  period,  and,  from  an 
allusion  which  is  found  in  the  "  remains  "  of  a  later  keeper,  we  gather 
that  the  papers  of  Sir  Ralph  Sadleir  were  added  at  a  later  date\ 

We  have  no  further  details  of  this  early  establishment  until 
the  beginning  of  the  next  century,  for,  although  the  statement 
that  the  State  Paper  Office  was  established  by  Letters  Patent  in 
1578  occurs  in  every  standard  work  of  reference  dealing  with  this 
subject,  it  can  perhaps  be  shown  that  it  has  been  made  and  repeated 
without  sufficient  warrant.  At  least  some  documentary  authority 
might  seem  desirable  for  the  verification  of  such  an  important  event ; 
and  in  any  case  the  terms  of  alleged  establishment  would  be  highly 
interesting  in  themselves.  At  present,  however,  no  better  reference  to 
this  eventful  instrument  is  forthcoming  than  a  cautious  allusion  made 
by  an  interested  party,  a  personal  testimony  of  no  good  fame 
vouched  at  an  interval  of  half  a  century''. 

Our  existing  knowledge  of  the  antiquities  of  the  State  Paper 
Office  previous  to  the  appointment  of  its  first  authentic  keeper  in  the 
reign  of  James  I  is  in  fact  derived  from  the  unverified  assertions 
of  that  functionary  himself. 

^  See  a  cancelled  passage  in  Sir  T.  Wilson's  famous  autobiographical  narrative  in 
S.  P.  Docts.  I.  53. 

*  The  authorities  above  referred  to,  which  have  been  followed  on  numerous  occasions  by 
periodical  writers,  give  us  with  great  deliberation  and  frequent  repetitions  the  following 
circumstantial  statement:  That  Dr  Wilson,  "the  first  Keeper,"  was  appointed  "  Clerk"  of  the 
Papers  in  1578,  by  Letters  Patent,  to  prevent  their  embezzlement,  by  the  appointment  of  a 
certain  place  and  a  fit  man  chosen  and  sworn  for  registering  and  keeping  the  same  in  order 
and  with  due  secrecy.  Now  apart  from  the  fact  that  these  details  are  merely  borrowed  from 
Sir  Thomas  Wilson's  interested  version  of  the  antiquity  of  his  own  office,  based  on  the 
recollections  of  his  boyhood,  it  will  be  found  that  Wilson  in  fact  makes  no  such  statement 
as  this.  The  year  1578  is  not  even  mentioned  by  him,  and  we  find  that  this  eventful  date  has 
apparently  been  evolved  by  subtracting  the  45  years,  which  Wilson  tells  us  had  elapsed  since 
an  incident  of  his  youth,  from  the  purely  conjectural  date  1623  assigned  to  his  autobiographical 
note.  Now  as  Wilson  tells  us  here  that  his  "uncle"  was  not  yet  Secretary  of  State  at  the  date 
of  this  incident,  and  as  we  know  that  he  was  made  Secretary  on  t  January,  1578,  this  cannot 
in  any  case  be  the  year  indicated.  Moreover  Wilson  merely  states  that  the  office  was  at  that 
time  in  existence,  and  he  elsewhere  traces  it  back  to  the  reign  of  Edward  VI.  Again  the 
supposed  reference  to  the  object  of  the  establishment  of  the  office  at  this  date  is  not  to  the  year 
1578  at  all,  but  to  the  establishment  of  the  office  in  the  reign  of  James  I.  Of  a  piece  with 
these  remarkable  misconceptions  are  the  further  references  in  our  authorities  to  the  official 
career  of  Sir  Thomas  Wilson  himself,  who  is  sometimes  described  as  "Clerk"  and  at  others 
as  "Keeper"  of  the  Papers  either  "at  the  beginning  of  the  reign  of  James  I"  or  on  the 
surrender  of  Sir  T.  Lake  about  1606,  the  real  date  of  his  joint  patent  being  15  March, 
7  James  L  Even  those  authorities  who  have  referred  to  this  patent  have  failed  to  render  the 
date  correctly,  Devon  giving  the  year  as  1609  and  Palgrave  as  1608  instead  of  1610. 
However,  as  this  was  strictly  a  reversionary  grant,  the  date  of  his  actual  office  is  really 
25  July.  1614. 


The  History  of  the  Archives  3;^ 

Sir  Thomas  Wilson  whose  tenure  of  this  office  is  connected  with 
so  many  romantic  incidents  is  certainly  the  last  person  whose  assertion 
on  such  a  subject  can  be  implicitly  accepted.  To  do  Wilson  justice, 
however,  the  assertion  in  question  is  merely  inferred  from  a  privileged 
narrative,  made  with  every  circumstance  of  heat  and  inaccuracy,  which 
exists  in  his  handwriting  among  the  State  Paper  Documents ^ 

This  autobiographical  note  is  nevertheless  of  considerable  interest 
and  it  is  to  be  regretted  that  whilst  the  inaccuracies  which  it  contains 
have  escaped  correction,  some  valuable  hints  which  it  affords  have 
been  allowed  to  remain  unnoticed.  As  our  present  knowledge  of  the 
position  and  establishment  of  the  State  Paper  Office  previous  to  the 
year  1619  is  at  the  best  extremely  limited  and  as  even  the  few  data 
which  exist  have  been  erroneously  presented  to  us,  a  brief  outline  of 
the  development  of  the  Office  down  to  the  reign  of  Charles  I  may  be 
attempted  here. 

From  the  close  of  the  reign  of  Henry  VIII  to  the  accession  of 
James  I  we  find  the  Papers  of  State  in  the  immediate  custody  of 
Secretaries  of  State  like  Sadleir  and  Paget  or  of  confidential  clerks, 
who  rose  in  turn  to  that  office,  like  William  Cecil  and  Thomas 
Wilson''.  Of  these  Papers  the  earliest  in  date  with  such  as  had  been 
recovered  from  recent  Secretaries  were  apparently  preserved  in  the 
palace  of  Whitehall*  with  the  Records  of  the  Signet  and  the  Council*. 
It  is  perfectly  conceivable  therefore  that  these  early  Papers  were 
placed  under  the  supervision  of  such  an  expert  as  Dr  Thomas  Wilson 
between  the  dates  of  his  appointments  as  Master  of  St  Katherine's 
Hospital  in  1561'  and  as  Secretary  of  State  in  1578*,  especially  as 
in  the  year  1569  he  received  an  annuity  of  ^^lOO  for  making  himself 
generally  usefuF.  It  is  equally  probable  that  after  his  appointment 
as  Secretary  of  State,  he  relinquished  the  supervision  of  these  Papers 

^  See  previous  note.  It  was  long  ago  pointed  out  by  Edwards  {Librarus,  p.  i8i)  that 
this  inference  is  unwarranted. 

'  The  six  great  Secretaries  of  State  to  whose  connexion  with  the  Stale  Papers  Sir  Thomas 
Wilson  alludes,  in  the  reign  of  James  I,  were  probably  Paget,  Sadleir,  Cecil,  Walsinghani, 
Wilson  and  Lake. 

*  For  a  more  concise  description  of  these  official  arrangements  see  the  Atfu/urum, 
16  Dec.  1903. 

*  We  learn,  on  the  authority  of  Sir  Thomas  Wilson,  that  it  was  the  practice  until  the  end 
of  the  reign  of  James  I  for  the  Council  Records  not  in  current  use  to  l)e  transmittetl  to  the 
Pa|)er  Office,  and  as  early  as  1 597  lx)lh  Dr  James  and  Sir  Thomas  Lake  seem  to  have  kept 
the  Records  in  their  charge  in  a  reimsitory  under  Queen  Elizabeth's  Banqueting  Hall,  which 
was  rebuilt  about  1606  (Hatfield  MSS.  Calendar,  p.  431). 

»  Pat.  3  Eliz.  P«  6.  •  Pat.  20  Eliz.  P'  10. 

'  Pat.  13  Eliz.  P'  I.  The  immediate  motive  of  this  grant  was  prolxibly  to  reward  Wilson 
for  his  exertions  in  investigating  conspiracies  against  the  Crown. 

H.  X 


34  The  History  of  the  Archives 

to  another  learned  Doctor,  William  James,  who  like  himself  was 
attached  to  Leicester's  interest.  It  does  not  appear  that  any  grant 
of  office  passed  in  either  case  and  it  is  significant  that  although 
a  grant  under  the  Great  Seal  is  alluded  to  by  Sir  Thomas  Wilson  in 
the  next  reign,  the  reference  in  support  of  this  assertion,  "by  the 
Letters  Patentes  and  the  copyes  of  them  which  remayne  heer,"  has 
been  erased  with  his  own  hand\  Now  as  Sir  Thomas  has  elsewhere 
cited  such  grants  on  every  possible  occasion  (and  not  always  with 
complete  justification),  we  may  fairly  surmise  that  he  had  failed  to 
identify  this  particular  grant  on  which  as  we  have  seen  rests  the 
familiar  statement  that  the  State  Paper  Office  was  established  in  the 
year  1578^  We  may  perhaps  venture  to  surmise  still  further  that  if 
any  such  grant  exists,  it  will  be  found  to  take  the  form  of  an  annuity 
more  or  less  directly  connected  with  the  extra-official  task  of  reducing 
the  early  State  Papers  to  order.  This  stipend  is  in  fact  stated  by  Sir 
Thomas  Wilson  to  have  amounted  to  an  annual  fee  of  ^40.  We 
know  nothing  apparently  of  the  conditions  of  the  employment  of 
Dr  Wilson's  successor,  but  the  above  theory  of  the  evolution  of  the  early 
Keepership  receives  considerable  support  from  the  recorded  appoint- 
ment of  Sir  Thomas  Lake  in  the  first  year  of  James  L  Here  again  we 
have  a  reputed  office,  though  Sir  Thomas  Wilson  confines  himself  to 
the  rather  vague  statement  that  Lake  "got  it"  in  succession  to  Dr  James. 

There  is,  however,  a  grant  by  Letters  Patent*  on  this  occasion 
which,  although  not  technically  regarded  as  an  "  Office "  but  as  an 
"  Annuity,"  certainly  expresses  the  consideration  for  the  grant  to  be 
Sir  Thomas  Lake's  pains  in  "Keeping,  airing  and  digesting"  certain 
"  Records  of  matters  of  State "  passed  in  the  days  of  the  king's 
progenitors  and  remaining  in  the  palace  of  Whitehall ;  the  charge 
of  which  has  been  and  is  committed  by  the  Secretary  of  State  to  the 
said  Sir  Thomas. 

In    this    instrument    we  have   at  last    a  clear   statement  of  the 

position   of  the  office  down   to  this  date  as  being  an   employment 

within  the  patronage  of  the  Secretary  of  State.     The  recognition  of 

this  employment  for  the  first  time  as  a  distinct  office  is  also  clearly 

implied  in  the  further  provisions  of  the  above  Patent  which  explains 

that  the  king  thinks  it  meet  that  a  competent  allowance  should  be 

made  for  Lake's  charges  and  pains  therein  and  concludes  with  an 

assurance  to  have  and  enjoy  the  keeping  of  the  said  Records  together 

with  the  said  annuity  for  life. 

'  S.  P.  Docts.  I.  53.  2  gge  above,  p.  32,  n.  2. 

^  Pat.  I  James  I  P'  r8,  m.  19,  i  June  1603. 


The  History  of  the  Archives  3^ 

From  this  point  the  history  of  the  office  may  be  traced  without 
much  difficulty,  though  numerous  misstatements  continue  to  disfigure 
the  received  account.  It  has  been  assumed,  as  we  have  seen,  on  the 
strength  of  his  own  assertion,  that  Sir  Thomas  Wilson  was  the  first 
Keeper  of  the  Papers  under  a  definite  appointment.  This,  however, 
was  not  exactly  the  case,  for,  although  Wilson's  name  was  joined 
with  that  of  Levinus  Munck  in  an  original  patent  of  15  March,  1610*, 
it  stands  second  and  therefore  his  personal  interest  was  strictly 
speaking  a  reversionary  one.  For  Munck,  as  Salisbury's  private 
Secretary  (just  as  Lake  had  acted  in  the  same  capacity  to 
Walsingham),  had  a  prior  claim  to  the  new  office,  though  doubt- 
less its  duties  were  executed  by  Wilson  in  virtue  of  a  mutual 
understanding". 

It  is  probable  also  that  Munck,  who  like  Lake  and  Wilson  was 
a  clerk  of  the  Signet^  succeeded  in  rotation  to  Lake's  custody  of  the 
Papers  upon  the  latter's  preferment. 

In  fact  there  appears  to  have  been  a  more  or  less  definite 
system  of  promotion  within  the  Secretariat  whereby  the  minister's 
servants  were  required  to  surrender  certain  appointments  on  suc- 
ceeding to  others  of  greater  value,  and  in  accordance  with  this 
practice  Wilson  himself  gave  up  his  clerkship  of  the  Signet  on 
receiving  the  above  patent*.  Four  years  later  Wilson  seems  to  have 
made  a  further  arrangement  with  his  co-patentee  as  the  result  of 
which  the  patent  of  1610  was  surrendered  and  cancelled  and  a  new 
grant  was  made  to  himself  and  his  son-in-law  Ambrose  Randolph,  or 
Randall*.  This  instrument  recites  the  previous  grant  which  was 
made  with  a  view  to  collect  the  Papers  of  State  "  into  a  sett  form 
of  Lybrary  "  in  some  convenient  place  within  the  palace  of  Whitehall, 

*  No  Sign-manual  warrant,  Privy  Seal  or  enrolment  of  this  patent  appear  to  be  known, 
and  the  cancelled  original  has  been  filed  instead  (Privy  Seals,  i — 24  March,  7  James  I). 

*  Wilson  appears,  according  to  his  memorials  on  the  subject,  to  have  drawn  half  the  salary 
of  the  office  and  to  have  discharged  all  the  duties  of  the  same.  In  a  later  period  the  patentee 
mentioned  second  in  the  grant  was  regarded  as  the  deputy  of  the  person  first  mentioned. 

*  Pat.  3  James  I,  P'  lo.  Signet  Docquet,  July  1603.  We  also  find  that  I)r  Wilson  and 
Sir  Thomas  Lake  were  both  Masters  of  Requests  and  that  SirThos.  Wilson  considered  himself 
entitled  to  a  similar  preferment.  Singularly  enough  this  system  of  preferment  lasted  till  the 
end  of  the  i8th  century.     Cf.  below,  p.  41,  nt  i. 

*  He  also  surrendered  his  writership  of  the  Bills  of  Imposts  (not  "Imports"  as  given  in 
the  Dictionary  of  National  Biography)  on  receiving  the  second  patent  in  1614. 

*  The  patent  of  1610  was  surrendered  in  Dec.  1613  and  the  new  grant  is  dated  aj  July 
following  (S.  P.  Dom.  Sign  Manuals,  Vol.  iv.  No.  45,  and  Pat.  \i  James  I,  P»  8,  No.  17. 
This  Ambrose  Randolph  was  the  son  of  the  famous  English  agent  in  Scotland  during  the  late 
reign.  According  to  Wilson's  own  statement  of  the  transaction  Randolph  seems  to  have 
found  the  money  to  buy  Munck  out. 

3—2 


36  The  History  of  the  Archives 

to  be  at  all  times  the  readier  for  the  king's  own  use  and  that  of  his 
Secretaries,  for  the  better  enabling  them  to  do  the  king  service.  It 
is  also  noticeable  that  the  previous  grant  was  subject  to  the  proviso 
that  the  grantees  might  be  at  any  time  removed  on  the  recommenda- 
tion of  the  Earl  of  Salisbury.  The  patent  of  1614  continued  the 
previous  fee  of  is.  4d.  per  diem  or  £60  per  annum,  as  against  the  ^^50 
enjoyed  by  Lake  and  the  ;^40  assigned  to  his  predecessors  from 
tradition. 

In  both  patents  the  office  granted  is  described  as  that  of  the 
"  Keepers  and  Registers  of  Papers  and  Records  of  State,"  henceforth 
to  be  collected  and  arranged  in  an  official  Library.  The  Papers  are 
also  described  in  the  patent  of  1614  as  those  formerly  remaining  in 
the  custody  of  Sir  T.  Lake,  together  with  those  recovered  from  the 
Earl  of  Salisbury,  and  any  other  Papers  to  be  received  from  time  to 
time  from  the  Secretaries  of  State.  The  duty  of  providing  accommo- 
dation for  these  documents  seems  to  have  devolved  upon  the  new 
Keeper  himself  Hitherto  they  appear  to  have  been  kept  under  the 
Banqueting  Hall  in  Whitehall  with  the  Records  of  the  Council  and 
the  Signet  which  were  injured  there  in  the  fire  of  1619.  Apparently 
they  had  been  placed  here  by  Lake,  but  we  have  no  information 
regarding  the  date  of  their  transfer  from  the  "Study"  at  Westminster 
where  we  find  them  in  the  reign  of  Edward  VP.  We  also  learn  that 
these  Papers  were  placed  in  "boxes"  which  may  be  identical  with 
the  chests  used  for  this  purpose  in  Paget's  time^.  In  order  to  carry 
out  the  "sett  order  of  a  lybrary  "  contemplated  by  the  patent  of  16 14 
space  was  required  for  arranging  the  Papers  on  shelves.  It  can  be 
inferred  as  we  have  seen  from  Wilson's  memoranda  amongst  the 
State  Paper  Office  Documents  that  the  Papers  were  twice  removed 
to  a  new  repository  within  the  Palace  for  this  very  purpose  but  owing 
to  the  misdating  of  these  memoranda,  their  incoherent  nature,  and 
the  confused  tradition  of  a  later  period  contained  in  the  reports  of 
subsequent  Keepers  it  is  difficult  to  form  an  exact  idea  of  their 
position  previous  to  the  year  1619^     It  would  appear  however  that 

^  Above,  p.  31. 

^  The  Council  Chest  itself  was  used  for  some  time  to  come  as  the  receptacle  for  Papers  of 
the  Council  in  current  use  in  the  custody  of  the  clerk.  A  box  containing  Records  of  the 
Council  of  Wales  is  also  referred  to  in  the  reign  of  Elizabeth  in  the  same  connexion.  It  may 
be  suggested  that  it  was  the  Council  and  Signet  Office  Records  (which  were  probably  left 
where  they  had  been  found  on  Sir  T.  Lake's  surrender  of  his  office),  and  not  the  State  Papers 
that  were  hastily  removed  and  injured  in  the  fire  of  1619.  This  fact  will  explain  an  apparent 
discrepancy  which  has  often  been  noticed  in  Wilson's  letter  to  the  king  on  this  occasion. 

*  From  a  careful  examination  of  the  existing  correspondence  we  may  infer  that  when 
Wilson  received  his  appointment  in  1614  he  obtained  very  suitable  accommodation  for  the 


The  History  of  the  Archives  ^J 

soon  after  Wilson's  appointment  as  Keeper  a  proper  office  was  fitted 
up  for  the  first  time  in  some  building  adjoining  the  Privy  Garden  in 
Whitehall  and  that  the  Papers  were  again  removed  in  the  year  1618 
just  before  the  destruction  of  the  old  Banqueting  House.  During 
the  remainder  of  the  century  the  State  Papers  were  housed  in  the 
tower  of  the  Whitehall  Gateway  in  two  rooms  opening  into  three 
closets  and  three  turrets^ 

To  the  zeal  and  energy  of  Sir  Thomas  Wilson  the  permanent 
establishment  and  organization  of  the  State  Paper  Office  has  been 
justly  ascribed.  His  personal  share  in  these  official  innovations  is 
represented  by  a  number  of  precedents  in  his  own  hand  including  the 
terms  of  his  patent  of  office,  the  oath  of  the  keeper,  warrants  and 
orders  of  various  kinds  for  issuing  Records,  for  making  searches  and 
copies  and  for  impounding  outstanding  Papers,  from  which  perhaps 
we  may  gather  that  the  red-tape  with  which  this  department  was 
henceforth  enswathed  was  chiefly  devised  by  the  first  patentee  with 
a  view  to  enhance  the  importance  of  his  office. 

If  all  the  precedents  which  we  find  in  this  collection  are  to  be 
regarded  as  authentic,  we  should  have  some  cause  for  wonder  at 
Sir  Thomas  Wilson's  achievements.  It  should,  however,  be  pointed 
out  that  in  some  cases  these  instruments  do  not  appear  to  have  been 
executed,  and  we  are  even  tempted  to  speculate  whether  some  at 

Papers  in  a  new  building  which  he  fitted  up  at  his  own  expense  with  wainscot  cupboards  or 
presses  loft.  high  and  having  250  ft.  run,  together  with  two  wainscot  studies,  desks  and  other 
furniture,  all  of  which  seem  to  have  been  removed  to  the  new  office  in  1619.  We  know 
that  this  building  was  entered  from  the  gallery  and  also  by  stairs  which  were  not  approached 
from  the  Privy  Garden  as  another  entrance  was.  There  were  several  rooms  here,  and  Wilson 
had  extended  his  accommodation  by  bargaining  for  a  larder  belonging  to  the  Earl  of  Worcester 
on  the  lower  floor.  If  this  building  is  identical  with  the  "fair  building,"  also  newly  erected, 
which  Wilson  applied  for  at  this  time,  it  was  situated  opposite  the  garden  gate,  near  to  the 
building  where  the  Papers  were  placed  in  Lake's  time.  But  the  oflice  covetetl  by  Wilson  was 
built  of  stone  and  that  from  which  the  Papers  were  removed  in  1619  was  of  wood.  In  any 
case  it  is  certain  that  the  Paper  Oflice  was  situated  on  the  floor  above  Lord  Worcester's 
lodgings  in  Whitehall,  some  time  between  1614  and  1619,  and  that  this  floor  was  afterwards 
the  lodging  of  the  Earl  of  Carlisle.  We  may  suspect  that  the  sudden  removal  of  the  office  in 
1619  was  due  to  the  interest  of  Buckingham  employed  on  behalf,  probably,  of  the  Earl  of 
Carlisle  himself,  though  the  greater  security  of  the  Papers  in  the  Stone  Tower  of  the  Whitehall 
Gateway  is  allied  as  the  reason  for  the  change  {S.  P.  Docti.  I.  32,  33,  86). 

'  This  new  office,  which  was  on  the  floor  immediately  above  the  Duke  of  Lennox's 
lodging,  was  ofiicialiy  described  as  consisting  of  one  great  chamber  which  was  apparently 
sub-divided.  Wilson's  original  intention  was  to  place  the  foreign  Papers  in  t>ie  turrets  and  to 
obtain  another  room  on  a  lower  level  underneath  the  passage  between  the  two  galleries 
which  connected  Whitehall  Gate  with  the  western  area,  whilst  accruing  Papers  were  to  be 
provided  for  by  building  a  room  over  the  gallery  next  the  tilting  yard.  It  is  interesting  to 
hnd  that  Sir  Christopher  Wren  recommended  these  expedients  as  an  alternative  scheme  when 
the  question  of  abandoning  the  Whitehall  Tower  was  raised  in  1 706. 


38  The  History  of  the  Archives 

least  of  the  warrants  for  Sir  Thomas  Wilson,  drawn  by  Sir  Thomas 
Wilson,  or  of  the  numerous  confidential  letters  which  purport  to  have 
been  addressed  by  the  same  enterprising  official  to  the  king  and  to 
the  great  officers  of  State  are  anything  more  than  trial  drafts  for  his 
fixed  design  to  educate  official  opinion  upon  the  urgent  question  of 
the  writer's  personal  merits  and  the  dignity  of  his  office. 

But  in  spite  of  a  pushfulness  in  which  the  knight  excelled  even 
his  contemporaries,  the  recognition  of  his  services  was  somewhat 
scanty.  His  office  was  a  new  one  and  its  importance  was  scarcely 
appreciated,  but  in  any  case  it  was  probably  felt  that  with  this  patent 
and  allowances  for  "extraordinaries,"  together  with  a  political  pension 
of  ^100,  Sir  Thomas  might  be  regarded  as  decently  provided  for,  in 
view  of  the  crowd  of  hungry  suitors  who  remained  unsatisfied  with 
reversionary  presentations^ 

These  sordid  details  have  a  real  importance  for  the  history  of  the 
office,  because  here,  as  in  the  case  of  the  legal  Records,  an  efficient 
custody  is  found  to  depend  to  a  very  large  extent  upon  a  suitable 
official  establishment.  Keepers  of  Records  and  State  Papers  who 
were  not  in  receipt  of  a  living  wage,  or  whose  wages  were  paid  with 
extreme  irregularity,  will  usually  be  found  devising  some  other  means 
of  subsistence  to  the  grave  detriment  of  their  charge.  Thus  Wilson, 
whose  salary  was  at  one  time  seven  years  in  arrear,  was  reduced 
to  beg  and  cringe  in  an  unseemly  manner  and  to  curry  favour  with 
the  Court  by  the  discovery  of  papers  and  books  belonging  to  attainted 
or  discredited  courtiers. 

Judged  by  his  own  admissions  Wilson  might  not  appear  to  us  as 
an  official  custodian  to  whom  marketable  antiquities  could  have  been 
safely  entrusted,  but  as  a  matter  of  fact  his  bitter  jealousy  of  other 
official  antiquaries  and  his  strong  sense  of  self-importance  proved  of 

^  In  addition  to  his  interest  in  the  patent  salary  of  3^.  \d.  per  diem  as  Keeper,  Wilson 
seems  to  have  claimed  £(>o  yearly  for  the  clerical  establishment  and  expenses  of  his  office 
under  a  dormant  Privy  Seal  of  6  Nov.  1608,  but  this  allowance  w^as  very  irregularly  paid,  and 
it  is  not  clear  whether  Wilson  elected  to  be  paid  under  this  warrant  or  by  the  bills  of 
costs  for  extraordinary  expenses  in  making  transcripts,  searches  and  binding  MSS.  which  he 
presented  from  time  to  time  as  lump  sums.  Wilson  himself  informs  us  that  he  kept  two 
clerks  engaged  in  searching  and  transcribing  as  well  as  a  binder  (6".  P.  Docts.  i.  41,  43,  45, 
Si>  52.  75).  In  the  next  patent  granted  in  1629  to  Wilson's  successors  the  salary  was  raised 
to  8j.  ij%d.  per  diem,  or  £\6o  yearly,  at  which  figure  it  remained  till  the  beginning  of  the  last 
century,  the  proportion  due  to  the  Keeper  for  salary  being  apparently  reckoned  at  £60,  with 
;[f  100  for  office  expenses.  As  a  matter  of  fact  it  is  more  probable  that  the  establishment  of 
£\(>o  was  taken  from  that  propounded  by  Wilson  himself  during  the  last  years  of  his  keeper- 
ship,  the  proportions  being  £60  for  his  office  and  ;[^ioo  for  his  fee.  The  next  Keeper, 
Raymond,  was  put  in  the  same  position  as  his  predecessor  by  the  grant  of  a  pension  of  ;^  100, 
and  thus  a  definite  precedent  for  the  salary  of  ;^i6o  was  founded. 


The  History  of  the  Archives  39 

inestimable  service  in  recovering  and  securing  the  State  Papers  of  his 
own  time. 

Moreover  he  chose  to  make  an  ostentatious  honesty  his  chief 
recommendation  for  advancement  as  an  official  pluralist,  and,  failing 
due  recompense  for  his  labours  by  the  State,  he  had  conceived  an 
ingenious  scheme  for  receiving  fees  from  the  public  by  instituting  two 
branch  offices  in  connexion  with  his  post  as  archivist',  an  expedient 
which  was  successfully  resorted  to  by  the  greatest  of  his  successors'. 

The  interval  between  the  death  of  Sir  Thomas  Wilson  in  1629 
and  the  appointment  of  Sir  Joseph  Williamson  in  1661  is  chiefly 
interesting  for  the  efforts  made  by  each  of  the  political  parties  in 
power  during  the  period  to  recover  State  Papers  which  were  in 
danger  of  falling  into  private  hands.  These  efforts,  however,  were 
attended  with  very  slight  success',  and  it  is  not  altogether  reassuring 
to  find  that  Sir  Joseph  Williamson,  good  scholar  and  zealous  official 
as  he  was,  contented  himself  with  noting  from  time  to  time  the 
alarming  deficiencies  in  the  transmissions  of  Papers  to  the  office  at 
Whitehall.  Williamson  indeed  appears  to  have  regarded  the  Papers 
in  his  custody  as  a  source  of  historical  and  official  information  in  his 
capacity  of  Secretary  of  State,  chiefly  using  for  this  purpose  those 
which  passed  through  his  own  department.  Thus,  although  he  was 
able  to  endow  the  Office  with  an  enormous  number  of  curious  but 
really  useless  commonplace  books  as  the  result  of  his  life-long 
industry,  the  State  was  the  poorer  by  many  hundreds  of  volumes 
which  passed  out  of  official  custody  during  this  periods  Similarly 
whilst  we  may  bestow  some  praise  upon  the  comprehensive  classifica- 
tion of  the  Papers  which  Williamson  laid  down  and  to  some  extent 
carried  out  by  an  actual  arrangement',  we  learn  that  at  his  death  the 
Papers  were  found  in  a  very  neglected  state,  whilst  no  catalogue  of 
any  sort  existed. 

In  fact,  if  we  may  credit  the  statements  of  his  successor  in  the 
Office,  Williamson  seems  to  have  treated  his  appointment  as  a 
sinecure,  employing  the  clerks  who  should  have  attended  to  the 
Papers  in  the  lucrative  business  of  publishing  the  London  Gazette 

^  A  search  office  in  connexion  with  the  monastic  cartularies,  largely  "embezzled"  by  his 
enemy  Sir  Rol)ert  Cotton,  and  a  registry  of  the  orders  of  knighthood. 

'  The  I^ndon  Gazette  and  the  Office  for  Newsletters  managed  by  Sir  Joseph  Williamson. 
»  S.  P.  Docts.  II.  58. 

*  "Sir  Joseph  Williamson's"  collection  has  now  been  broken  up,  but  many  miscellaneous 
volumes  can  still  be  identified  amongst  the  "State  Papers  Miscellaneous."  Some  of  his  MSS. 
were  apparently  received  by  Queen's  College,  Oxford. 

•  See  the  plans  of  the  office  in  i68i  in  S.  P.  Docts.  ii.  49. 


40  The  History  of  the  Archives 

and  in  writing  Newsletters  to  subscribers  in  the  provinces i.  Both 
these  departments  of  the  Office  were  apparently  conducted  with 
a  sole  view  to  the  profit  which  they  afforded,  though  at  this  date 
it  would  probably  have  proved  impossible  to  maintain  a  clerical 
establishment  without  some  such  device  for  making  good  the  de- 
ficiencies of  a  bankrupt  Exchequer. 

With  the  reign  of  Queen  Anne-  we  find  the  condition  of  the 
Paper  Office  a  matter  of  concern  to  the  Lords'  Committee  for 
considering  the  state  of  the  Public  Records,  and  in  the  year  1706 
steps  were  taken  to  improve  their  housing  and  a  new  repository  was 
prepared  at  considerable  expense,  in  the  Cockpit,  from  the  plans  of 
Sir  Christopher  Wren=*,  This  building,  which  was  afterwards  known 
as  the  Middle  Treasury  Gallery,  became  in  turn  the  repository  of  the 
Treasury  Records.  The  accommodation  thus  provided  was  insufficient, 
but  the  change  averted  the  imminent  destruction  of  the  Papers 
in  the  unglazed  attics  which  were  henceforth  abandoned  as  pigeon- 
lofts ^ 

Throughout  the  i8th  century  the  history  of  the  State  Paper  Office 
runs  on  parallel  lines  with  that  of  the  repositories  of  legal  Records. 
There  is  indeed  this  general  distinction  to  be  observed  that,  whereas 
the  latter  were  continuously  preserved  in  an  official  custody  which 
permitted  the  worst  ravages  of  damp  and  vermin,  the  former  suffered 
still  heavier  losses,  not  from  natural  causes  but  from  their  permanent 
abstraction   from    a  custody  which   was   plainly  enjoined.     To   find 

^  Cf.  ^.  P.  Docts.  II.  30  and  Edwards,  Libraries,  p.  193. 

^  No  mention  occurs  in  any  of  our  authorities  of  the  appointment  by  William  III  of  John 
Chamberlayne  to  succeed  Sir  J.  Williamson.  This  statement  occurs  in  the  former's  \\&\\- 
VwaviVi.  State  of  Great  Britain,  1704,  p.  147. 

*  The  Report  of  John  Tucker  on  the  state  of  the  office  as  received  by  him  at  Williamson's 
death  is  in  the  S.  P.  Docts.  11.  69,  and  full  particulars  of  the  enquiry  will  be  found  in  the 
Lords'  Journals  and  in  the  records  of  the  Treasury  and  Board  of  Trade.  This  new  receptacle 
comprised  the  floor  with  an  area  of  80  ft.  long  by  25  ft.  wide  over  the  Lord  Chamberlain's 
lodgings  in  the  "White  Building"  in  the  Cockpit;  but  it  has  also  been  described  as  the  floor 
over  the  Treasury  Chambers  which  had  been  recently  used  for  the  sittings  of  the  Commissioners 
for  the  Union  of  England  and  Scotland  {S.  P.  Docts.  ii.  108).  It  was  better  known  at  a 
later  date  as  the  Middle  Treasury  Gallery,  which  led  from  the  Treasury  to  the  Board  of 
Trade. 

*  Some  of  the  Council  Records  and  miscellaneous  State  Papers  were  left  behind  and  were 
rescued  from  their  perilous  position  in  1763  or  [764  according  to  the  received  account,  though 
as  the  Whitehall  Gateway  is  said  to  have  been  removed  in  1759  this  statement  must  be 
accepted  with  caution.  The  Methodizers  themselves  state  in  their  report  of  1764  that  the 
Gateway  was  removed  some  years  ago  (cf.  below,  p.  42,  n.  1).  In  Hawkin's  Index  to  the 
Records  published  in  1739  '^e  Paper  Office  is  stated  to  be  "over  the  Gate  by  the  Tilt-Yard," 
whilst  the  Records  of  the  Council  were  kept  in  the  Council  Chamber  in  the  Cockpit. 
In  1732  we  also  have  a  list  of  the  Foreign  Papers  of  recent  date  then  preserved  "in  the 
Turret"  which  can  only  refer  to  the  Whitehall  Gateway  (S.P.  Docts.  il.   ii6). 


The  History  of  the  Archives  41 

a  parallel  we  must  imagine  the  systematic  removal  of  the  rolls  of  the 
courts  by  the  judges  to  their  country  seats  ;  but  it  must  be  admitted 
that  the  possibility  of  such  losses  was  chiefly  due  to  the  inept  pre- 
cautions devised  during  this  period  by  the  party  of  reform.  Here 
again  we  have  a  close  parallel  with  the  proceedings  and  undertakings 
for  the  better  arrangement  of  the  legal  Records. 

Instead  of  utilising  all  their  available  resources  for  the  improvement 
of  the  housing  of  Records  and  State  Papers,  for  their  thorough  repair, 
and  for  their  systematic  arrangement,  the  Committees  and  Com- 
missions of  the  1 8th  century  preferred  to  serve  the  immediate 
interests  of  literature  and  history  by  employing  experts  to  "  digest " 
and  "methodize"  the  contents  of  the  State  Archives'.  At  the  same 
time  a  dual  control  was  established  in  the  case  of  the  State  Papers 
by  the  re-appointment  of  a  "Collector  and  Transmitter"  to  secure  the 
regular  consignment  of  the  Papers  to  official  custody^ 

The  result  of  these  experiments  was  disastrous  in  the  extreme, 
for  the  Collector  and  Transmitter  appears  to  have  enjoyed  a  virtual 
sinecure  in  respect  of  both  collection  and  transmission,  while  the 
methods  of  the  "  Methodizers "  were  beneath  contempt.  The  dis- 
tribution of  the  Papers  between  two  independent  repositories  simply 
facilitated  the  process  of  abstraction  by  officials  of  all  classes,  and 
the  recognized  Keeper  finding  himself  stripped  of  many  of  the 
former  privileges  and  powers  of  his  office  resigned  himself  with  a 

'  These  "  Methodizers"  were  not  actually  appointed  as  generally  supposed,  in  consequence 
of  the  discovery  of  papers  in  the  abandoned  repository  at  Whitehall,  but  as  the  result  of 
enquiry  into  the  condition  of  the  legal  Records  which  was  extended  to  the  State  Papers. 
The  term  "methodize"  is  found  in  the  1732  Report,  and  it  is  only  fair  to  admit  that  the 
system  was  useful  in  the  case  of  private  collections.  It  was  also  hinted  in  certain  official 
quarters  that  the  reform  was  intended  to  prevent  a  recurrence  of  such  an  incident  as  the 
supposed  abstraction  of  papers  by  the  elder  Pitt  on  resigning  office  in   1761. 

■•'  The  most  extraordinary  misstatements  have  been  made  and  accepted  with  regard  to  the 
date  of  the  first  institution  of  this  office,  which  has  been  assigned  to  the  year  1713,  Edward 
Weston  being  described  as  the  first  Collector  and  Transmitter.  Klsewhere  the  date  is  given 
as  1714,  and  this  has  been  conjecturally  emended  as  1741  in  the  1800  Report.  The  first 
appointments  were  however  as  follows:  George  Tilson  by  Patent  dated  20  Jan.  1735; 
Edward  Weston  and  Andrew  Stone  by  Patent  dated  18  May,  1738;  Edward  Weston  and 
John  Couraud  by  Patent  dated  26  June,  1741 ;  John  Couraud  and  T.  Ramsden  by  Patent 
dated  4  Jan.  1742.  As  Couraud  and  Stone  were  successively  Keepers  of  the  Papers,  in  1738 
and  1741  respectively,  it  would  appear  that  the  two  offices  were  held  more  or  less  in  common. 
The  Transmitter  received  a  salary  of  j^400 — £fioo-  The  ostensible  object  of  the  new  system, 
namely  to  ensure  the  regular  transmission  of  the  contents  of  the  Secretaries'  Offices  to  the 
Paper  Office,  seems  to  have  been  completely  lost  sight  of  at  an  early  date.  The  practical 
effect  of  the  change  was  that  the  Transmitter's  Office,  which  l)ecame  the  headquarters  of 
the  "Methodizers,"  got  possession  only  of  such  modem  papers  as  were  spontaneously  trans- 
mitte<i  to  them,  and  transmitted  these  when  required  for  reference  to  the  ministers  of  the 
Crown,  by  whom  they  were  not  in  all  cases  returned  (p.  52  n.). 


42  The  History  of  the  Archives 

good  grace  to  draw  his  scanty  official  salary'  without  rendering  any 
perceptible  services. 

The  exact  position  of  the  repositories  of  State  Papers  during  the 
1 8th  century  has  been  the  subject  of  further  misapprehension.  It 
would  appear  that  upon  the  removal  of  the  Papers  to  the  Cockpit  in 
1706,  the  accommodation  provided  in  the  middle  story  of  the  Treasury 
Chambers  was  found  inadequate,  and  the  Papers  subsequent  to  the 
Revolution^  were  accordingly  deposited  in  rooms  situated  probably 
below  the  office  of  the  Secretary  for  the  adjoining  Board  of 
Trade  Office.  To  these  were  added  the  accruing  Papers  transmitted 
by  the  Collector  and  those  discovered  in  some  Whitehall  turret  in 
1763. 

It  was  with  this  collection  that  the  "Methodizers"  were  principally 
concerned  on  their  appointment  in  the  year  1764,  though  they  also 
invaded  the  Paper  Office  proper  and  practically  discharged  the 
functions  of  the  Keeper,  who  regarded  his  post  as  a  sinecure.  In 
1782  when  the  old  Board  of  Trade  was  abolished  the  Transmitter's 
Paper  Office  was  removed  to  another  suite,  and  in  1786  it  was  again 
removed  to  an  old  house  in  Middle  Scotland  Yard  where  presses 
were  provided  for  the  Papers ^ 

The  last  chapter  but  one  in  the  history  of  the  State  Paper  Office 
begins  with  the  appointment  of  John  Bruce  as  Keeper  in  the  year 
1792.  This  accomplished  scholar  was  by  the  force  of  circumstances 
placed  in  a  position  of  antagonism  to  the  existing  system  of  official 
custody  and  thus  he  proved  himself  not  only  a  laborious  and  con- 
scientious public  servant,  but  also  a  very  capable  administrator ^ 

'  The  three  Commissioners  appointed  to  methodize  the  State  Papers,  &c.  drew 
salaries  of  the  total  value  of  ^700,  as  against  the  ;fi6o  allowed  to  the  regular 
Keeper. 

^  This  is  the  received  account  and  from  a  glance  at  the  Inventory  of  the  Transmitter's 
Office  in  the  1800  Report  it  would  seem  to  be  correct.  As  a  matter  of  fact,  however,  it  is 
highly  improbable  that  any  such  chronological  division  was  made,  as  an  inventory  of  the  old 
State  Paper  Office  shows  that  most  of  the  series  preserved  there  end  with  the  year  1 706  or 
thereabouts.  This  seems  to  indicate  that  all  the  Papers  then  removed  from  the  Whitehall 
Gate  Tower  were  placed  in  the  new  office  in  the  Cockpit,  and  that  the  existence  of  papers 
of  an  earlier  date  than  1706  in  the  Transmitter's  Office  was  due  to  the  subsequent  transmission 
of  specimens  which  had  been  retained  in  the  Secretaries'  Offices  in  addition  to  those  discovered 
in  1763. 

3  .S.  P.  Docts.  HI.  87. 

*  At  the  same  time  we  must  not  lose  sight  of  the  fact  that  the  agitation  for  the  reform  of 
the  custody  of  State  Papers  carried  on  by  Bruce  for  more  than  ten  years  was  a  distinct  bid  for 
his  own  employment  in  the  Service.  He  was  moreover  completely  misinformed  as  to  the 
early  history  of  the  Office  and  made  numerous  assertions  with  regard  to  it  which  are 
ludicrously  inaccurate.  Many  of  these  have  unfortunately  been  accepted  without 
investigation. 


The  History  of  the  Archives  43 

During  the  eight  years'  struggle  which  ensued  between  the  new 
Keeper,  who  insisted  on  the  efficiency  of  his  office,  and  the  "  Metho- 
dizers  "  and  Transmitter,  the  former  was  stoutly  backed  by  Pitt  and 
Dundas  against  the  covert  hostility  of  Grenville  and  Portland. 
Certainly  Pitt  could  have  had  no  great  reverence  for  an  innovation 
which  was  commonly  regarded  as  having  been  directed  against  his 
father's  alleged  suppression  of  diplomatic  documents^  and  moreover 
the  obvious  incapacity  of  these  official  interlopers  was  a  serious 
hindrance  to  his  own  ministerial  activity. 

At  length,  in  1798,  Bruce's  scheme  for  a  new  establishment  and 
increased  efficiency  of  the  Paper  Office  was  approved,  and  a  warrant 
was  issued  two  years  later  for  its  execution. 

It  is  well  known  that  this  important  reform  was  accompanied  by 
the  issue  of  the  First  Report  of  the  Commission  on  the  state  of  the 
Public  Records,  which  made  an  end  of  the  whole  fraternity  of  Trans- 
mitters and  Methodizers. 

The  State  Papers  which  had  been  detached  by  the  Transmitter 
still  remained  at  Scotland  Yard  till  1819  when  they  were  transferred 
to  a  house  in  Great  George  Street.  Finally  in  1833  the  whole  of  the 
Papers  were  removed  to  the  new  Paper  Office  in  St  James'  Park, 
where  they  remained  until  the  amalgamation  of  the  State  Papers 
with  the  Records  in  1848^  was  completed  in  1862  by  the  transfer  of 
the  whole  collection  to  the  Rolls  Office. 


{c)     Departmental  Records. 

This  is  not  the  place  in  which  the  history  of  the  State  depart- 
ments at  large  can  be  treated  of  directly.  A  sufficient  reason  may  be 
found  in  the  mere  fact  that  by  no  means  all  the  departments  which 
have  survived  are  possessed  of  historical  documents  in  official  custody. 
At  the  same  time  the  evolution  of  the  existing  departmental  collec- 
tions is  a  subject  which  necessarily  involves  some  examination  of  the 
circumstances  of  their  earlier  custody.  For  this  reason  we  may  at 
least  endeavour  to  ascertain  the  distribution  of  the  Records  in  suc- 
cessive periods,  even  if  we  mu.st  limit  this  examination  to  a  brief 
enumeration  of  the  departments  concerned. 

*  Knox,  Extra  Official  State  Papersy  p.  ii.  The  original  Report  is  in  the  Records  of 
the  Board  of  Trade.  Dundas  had  been  favourably  impressed  by  Bruce's  efficiency  in 
supplying  Papers  connected  with  the  urgent  question  of  Internal  Defence.  Many  of  these, 
unfortunately,  were  not  returned  to  the  State  Paper  Office. 

'  Treasury  Minute,  8  Aug.  1848.    The  transfer  was  effected  by  the  Order  in  Council  of  1851. 


44  The  History  of  the  Archives 

In  the  earliest  period  of  the  royal  administration  in  this  country 
all  offices  outside  the  King's  household  were  executed  by  a  class 
of  ministers  or  special  agents,  who  in  many  cases  were  merely 
royal  clerks,  detached  for  such  service  from  the  Court  itself \ 
For  all  other  purposes  the  feudal  machinery  of  the  Court  and 
Household  sufficed  to  supplement  and  control  the  local  system 
of  self-government.  This  effectually  provided  for  the  economy 
of  the  king's  house  and  chamber,  the  administration  of  justice,  the 
collection  of  the  revenue,  military  operations  and  other  matters  which 
now  chiefly  engage  the  attention  of  the  public  departments^  Some 
of  these  official  duties  continued  to  be  discharged  for  several  centuries 
by  a  similar  agency^,  but  from  an  early  date  it  was  found  desirable 
to  supplement  the  operations  of  the  great  hereditary  offices  of  State 
by  the  employment  of  clerical  experts,  whilst  the  development  of  an 
extraordinary  revenue  and  of  international  relations  created  a  large 
staff  of  special  agents  as  ambassadors,  clerks,  surveyors,  paymasters, 
collectors,  comptrollers,  receivers,  keepers,  farmers*,  &c.  In  course  of 
time  these  special  agents,  or  official  patentees,  are  grouped  together 
for  certain  purposes,  each  of  these  groups  forming  the  nucleus  of 
a  later  department,  the  individual  patentees  being  in  some  cases  still 
recognizable  as  the  heads  of  sub-departments  ^  By  the  side  of  these 
new-modelled  departments,  several  of  the  old  patent  officers,  agents 
and  contractors  are  still  employed  as  before*,  but  during  the  17th 
century  there  is  a  marked  tendency  for  the  great  offices  of  State 
to  be  placed  in  commission,  a  policy  which  facilitated  the  clerical 
organization  of  the  departments  involved''.  At  the  same  time  we 
shall  look  in  vain  for  any  continuous  or  considerable  collection  of 
Departmental  Records  in  official  custody  outside  the  royal  Household 
and  the  Courts  of  Law  previous  to  the  Restoration.  That  such 
Records  existed  from  the  middle  of  the  i6th  century  is,  however, 
certain,  for  a  considerable  number  may  still  be  found  interspersed 
with  the  general  series  of  State  Papers  and  preserved  in  certain 
private  collections.  The  departments  to  which  these  refer  may  pro- 
bably be  distinguished  as  follows  :  the  Royal  Household  in  its  main 

^  Cf.  Stubbs,  Oxford  Lectures,  vi. 

2  Cf.  Dialogus  de  Scaccario,  I.  v. ;  Red  Book  of  Exchequer,  Vol.  in.  Preface;  Ordinances 
of  the  King's  Household  {^oc.  Antiq.);  Archaologia,  Vol.  xxviii. 

*  See  below,  p.  45. 

*  See  the  original  and  enrolled  or  declared  Exchequer  Accounts  from  the  r3th  to  the 
17th  centuries. 

*  e.g.  in  the  Ordnance,  Mint,  Works,  &c. 

*  See  the  Declared  Accounts  of  the  Pells  and  Audit  Office,  passim. 
^  See  below,  p.  46. 


The  History  of  the  Archives  45 

divisions  of  the  Lord  Steward's  or  Lord  Chamberlain's  departments, 
including  the  branch  offices  of  the  Wardrobe  and  Jewel  House,  the 
Board  of  Green  Cloth,  and  a  network  of  subordinate  departments ; 
the  Admiralty  and  the  Ordnance  offices  (including  the  Armoury),  the 
Custom  House,  the  Mint,  the  Works,  and  the  combined  establish- 
ments of  the  Secretaries  of  State  and  the  Privy  Council.  It  will  be 
seen  that  the  departments  which  were  the  first  to  be  evolved  from 
the  mediaeval  official  system  are  those  connected  with  the  Household 
itself,  with  the  collection  of  the  revenues  of  the  Crown,  including 
the  supervision  of  public  works,  and  with  the  currency  and  the 
national  defence,  all  of  which  had  shown  a  tendency  towards  a 
distinct  organization  from  a  comparatively  early  date. 

The  establishment  of  the  Mint  dates  from  the  13th  century. 
The  remaining  departments,  which  were  evolved  in  a  later  period, 
were  represented  in  the  Tudor  and  early  Stuart  periods  either  by  the 
personal  agency  of  patentees  and  their  deputies,  farmers  and  special 
agents,  or  by  some  more  or  less  independent  branch  of  the  Royal 
Household. 

Others,  again,  such  as  those  concerned  with  the  management  of 
the  Crown  lands  and  forests,  the  first-fruits  and  tenths  and  the  royal 
treasure  were  still  administered  by  special  courts  of  law\  whilst  all 
matters  relating  to  local  government,  trade,  agriculture,  and  the 
plantations  were  within  the  general  jurisdiction  of  the  Council*.  One 
noticeable  omission  from  the  above  list  occurs  in  the  case  of  the  War 
Office  which,  before  the  era  of  a  standing  army  and  a  commander-in- 
chief,  was  sufficiently  represented  by  the  Ordnance  and  Armoury,  for 
the  provision  of  military  stores  and  by  the  periodical  employment  of 
special  agents  as  paymasters,  contractors,  and  treasurcrs-at-war'. 

Between  the  Restoration  and  the  Revolution  important  additions 
to  the  clerical  establishment  of  the  Crown  were  made  by  the  appoint- 
ment of  a  Secretary  at  War  and  a  Paymaster  General  of  the  Forces  ; 
by  the  expansion  of  another  device  of  the  civil  war  time,  the  Excise, 
and  by  the  permanent  establishment  of  the  Board  of  Trade  and 
Plantations  and  the  General  Post  Office.  At  the  same  time  some 
progress  was   made  in  the  direction  of  the  organization   of  minor 

•  The  Court  of  General  Surveyors  .mil  the  Treasury  (including  the  Audit  Office),  which 
still  had  its  headquarters  at  the  Exchequer,  of  which  the  "First  Fruits  and  Tenths  "continued 
to  form  a  department  until  the  reign  of  Queen  Anne. 

'■'  In  the  case  of  trade  the  Council  seems  to  have  made  use  of  the  advice  and  assistance  of 
private  experts,  es|iecially  in  the  middle  of  the  17th  century,  and  this  will  account  for  the 
preservation  of  contemporary  records  in  the  archives  t)f  the  Royal  Society  and  elsewhere. 

»  Cf.  Pipe  and  Audit  Office  Declared  Accounts,  pasnm. 


46  The  History  of  the  Archives 

departments,  such  as  the  Office  of  Woods  and  Forests ^  whilst  the 
Treasury  itself,  together  with  the  Inland  Revenue,  were  in  the  process 
of  developments  Few  of  these  early  departments,  however,  are 
represented  by  anything  approaching  to  a  continuous  series  of 
Records  in  official  custody.  In  some  cases,  as  in  those  of  the  Excise 
and  the  Mint,  the  departmental  Archives  appear  never  to  have  been 
transferred  to  a  general  repository*.  In  other  cases  the  bulk  of  the 
existing  Records  has  been  destroyed  by  fire,  such  as  that  by  which 
the  Customs  Records  were  decimated  in  1814.  Presumably  the 
surviving  papers  of  the  Admiralty  and  War  Office  for  this  period 
are  in  private  custody,  whilst  fragments  of  the  correspondence  of  the 
old  Boards  of  Trade  previous  to  1696  are  to  be  found  amongst  the 
Domestic  State  Papers.  By  far  the  most  complete  of  the  official 
Records  are  those  of  the  Ordnance  Office,  the  Navy  Board  and  the 
Treasury.  After  the  Revolution,  with  an  organized  Civil  List  and 
under  the  growing  system  of  departmental  Boards,  a  better  state  of 
things  is  found  to  exist. 

The  great  series  of  Admiralty  Records,  including  numerous 
branch  offices,  dates  practically  from  1689.  Other  Government 
Boards  which  are  continuously  represented  from  the  same  period 
are  the  Treasury  and  the  Board  of  Trade  and  Plantations^  A 
special  feature  of  the  period  is  seen  in  the  great  development  of 
the  Inland  Revenue  as  a  source  of  taxation,  and  new  offices  appear 
in  the  case  of  Greenwich  Hospital  and  Queen  Anne's  Bounty.  The 
regular  series  of  War  Office  Records  is  unfortunately  imperfect  before 
the  reign  of  George  III,  but  a  certain  number  of  Precedents  and 
Letter-books  exist  from  the  reign  of  Charles  II,  and  special  volumes 
of  military  Despatches  and  Commissions  are  preserved  amongst  the 
Domestic  and  Foreign  State  Papers  from  the  reign  of  Queen  Anne. 

From  the   accession  of  the    House   of  Hanover   to   the   official 

^  For  the  history  of  this  office  see  Thomas,  History  of  Public  Departments,  p.  107.  There 
was  an  establishment  of  four  surveyors  in  1663. 

^  The  Records  of  the  Tax  Department  created  by  the  4  Will,  and  Mary  c.  i  are  chiefly 
represented  on  the  Exchequer  side  (Land  and  Assessed  Taxes  K.R.  &  L.T.R.).  For  the 
business  of  the  Treasury  at  this  date  see  Calendars  of  the  Treasury  Books,  Prefaces  by 
W.  A.  Shaw,  passim. 

'^  Certain  Inland  Revenue  Records  appear  to  have  been  utilized  by  Mr  Dowell  in  his 
History  of  Taxation,  but  only  those  of  the  Estate  Duty  Oflice  seem  to  have  been  transferred 
to  the  Public  Record  Office.  Those  formerly  preserved  in  the  City  branches  are  stated  to 
have  been  destroyed  as  useless,  but  a  certain  number  from  the  old  offices  in  Somerset  Place 
appear  to  have  been  incorporated  with  the  Miscellanea  of  the  Treasury.  (Cf.  D.K.  i^tA  Report, 
p.  5,  and  \i^th  Report,  p.  8.)  As  to  the  records  of  the  Mint  cf.  D.  K.  },},rd  Report,  p.  xi,  and 
35M  Report,  p.  xvii. 

*  The  Board  of  Trade  and  Plantations  was  reconstituted  in  1695. 


The  History  of  the  Archives  47 

reformation  consequent  on  Burke's  Act  in  1782,  few  new  departments 
were  erected,  though  the  existing  estabhshments  were  greatly  ex- 
panded, owing  especially  to  the  naval  and  military  activity  of  the 
time.  The  Records  taken  over  by  the  later  National  Debt  Office 
were  largely  compiled  during  this  period  which  also  witnessed  the 
important  operations  of  various  trading  Companies  and  Commissions 
whose  Records  were  destined  to  fall  into  the  hands  of  the  Crown. 
But  the  chief  event  in  the  contemporary  history  of  the  departments 
is  undoubtedly  the  creation  of  a  third  Secretaryship  of  State  for  the 
administration  of  the  Colonies  in  1768.  The  period  of  resolute  minis- 
terial government  which  succeeded  the  constitutional  agitation  of 
1782  and  lasted  until  the  era  of  decadence  which  preceded  the  Reform 
Bill  in  1832  was  responsible  for  important  changes  in  the  public 
departments.  The  loss  of  the  American  Colonies  was  followed  by 
the  abolition  of  the  Board  of  Trade  and  Plantations,  together  with 
the  new  Colonial  Secretaryship.  The  Records  of  the  former  depart- 
ment are  now  merged  in  the  Archives  of  the  later  Colonial  Office,  by 
virtue  seemingly  of  an  order  made  in  1842,  whereby  all  the  Records 
of  the  old  Board  of  Trade,  previous  to  1782,  were  transferred  to  the 
State  Paper  Office,  an  order  which  was  only  partially  carried  out'. 
From  one  point  of  view,  however,  the  Board  remodelled  in  1784,  from 
which  date  a  new  series  of  Trade  Papers  begins,  is  the  lineal  successor 
of  the  old  Commission. 

Closely  related  to  this  department,  and  in  one  aspect  to  the 
Ordnance  Survey,  is  the  old  Board  of  Agriculture,  whose  records  un- 
fortunately have  not  descended  to  its  modern  successor.  Another 
important  modification  of  departmental  jurisdiction  has  resulted  in 
the  modern  aspect  of  the  old  office  of  the  principal  Secretary  of  State, 
the  earlier  distribution  of  business  between  the  Northern  and  Southern 
Departments  being  superseded  by  the  new  division  between  Home 
and  Foreign  affairs*.  Nevertheless,  for  some  time  to  come,  the  Home 
Office  retained  the  prestige  of  the  old  Secretaryship  through  its 
general  control  of  military  and  even  Colonial  matters,  in  addition  to 
its  supervision  of  all  matters  that  concerned  the  lives  and  liberties  of 
the  subjects  and  the  dignity  of  the  Crown.     To  some  extent  also  this 

'  Originally  the  business  of  Trade  and  I'lantations  was  distinct,  but  the  two  departments 
were  thrown  together  after  the  Restoration,  though  a  distinction  continued  to  l)e  made 
l)etween  Colonial  affairs  and  domestic  and  foreign  trade  to  the  end.  For  some  years  after 
the  reforms  of  1782  Colonial  affairs  were  managed  by  an  "Office  for  Plantations"  in  the 
Home  Department. 

<>  Cf.  Sir  Ed.  Ilertslet,  The  Old F.  O.,  Appx.,  and  Sir  W.  Anson,  CoHitihUional  HUttry 
(ed.  1907),  Vol.  II.  Part  i.  (1907),  and  below,  Appx.  ill. 


48  The  History  of  the  Archives 

department  might  be  regarded  as  rightfully  possessed  of  the  entire 
series  of  State  Papers  prior  to  1782,  but  this  is  an  academic  question 
which  need  not  be  discussed  here.  However,  it  is  material  to  note,  in 
connexion  with  the  Records  of  the  period,  that  the  War  Office  con- 
tinued to  be  attached  to  this  department  till  the  year  1794,  when  a 
new  Secretaryship  for  War  (dealing  with  the  regular  army  only),  was 
created,  being  continued  as  a  joint  department  with  the  Colonies 
from  1 801  to  i854\  The  reorganization  of  some  other  departments, 
including  the  Offices  of  Works,  Woods  and  Forests,  and  the  Mint 
during  the  same  period  does  not  affisct  the  custody  of  their  existing 
Records ^  but  since  1816  the  Commissariat  was  left  in  a  doubtful 
position  towards  the  War  Office  and  the  Treasury  respectively. 
Certain  semi-isolated  Offices  like  the  principal  Revenue  departments  =*, 
the  Victualling  Office,  and  the  important  fraternity  of  Auditors, 
Comptrollers  and  Imprest  officers  can  be  conveniently  relegated  to 
the  central  departments  of  modern  times*. 

The  new  offices  erected  towards  the  close  of  the  i8th  century  and 
in  the  early  part  of  the  19th  were  to  some  extent  of  a  similar  nature, 
the  Emigration  Board  and  Alien  Office  Records  having  been  absorbed 
by  the  Colonial  and  Home  Offices  respectively  and  those  of  the 
Board  of  Control  being  subsidiary  to  the  main  collection  in  the  India 
Office.  The  National  Debt  and  Stationery  Offices  have,  however, 
continued  to  exist  as  separate  establishments,  though  no  Records 
from  the  latter  have  come  to  hand. 

The  sweeping  reforms  effected  in  1832  brought  several  interesting 
series  of  Departmental  Records  to  an  abrupt  close.  Amongst  these 
were  the  Correspondence  and  Accounts  of  the  Navy  Board  and  its 

1  The  military  business  assigned  to  the  new  War  Department  in  1794  was  sharply 
distinguished  from  the  control  of  the  auxiliary  military  forces  which  was  exclusively 
exercised  by  the  Home  Department  down  to  the  year  1854.  On  the  other  hand  the 
management  of  Colonial  affairs  was  relinquished  by  the  latter  department  in  1801  in  favour 
of  the  combined  War  and  Colonial  Department.  From  1816  this  department  confined  its 
attention  more  especially  to  Colonial  affairs,  its  official  supervision  of  the  War  Office  being 
continued  only  till  the  office  of  Secretary-at-War  was  merged  in  that  of  a  new  Secretary  of 
State  for  War. 

*  The  Offices  of  Woods  and  Works  were  amalgamated  between  1832  and  185 1  under  a 
single  Board  of  Commissioners.  For  the  history  of  the  Mint  see  the  well-known  Report  of 
the  Commission  of  1848. 

*  e.g.  the  Tax  Office,  Stamp  Office,  Hawkers'  and  Pedlars'  Office,  Hackney  Coach  Office 
and  Salt  Office.     There  were  three  Boards  for  Excise,  Stamps  and  Taxes  respectively. 

*  i.e.  the  Exchequer  and  Audit  Office,  which  unites  since  1867  the  old  functions  of  the 
Comptroller  General  of  the  Exchequer  and  the  Auditor  General,  who  in  turn  replaced  the 
several  Commissions  for  the  Audit  of  the  Public  Revenue  and  Expenditure,  including  the 
Commissioners  for  Auditing  Public  Accounts,  Auditors  of  Colonial  Accounts,  Auditors  and 
Comptrollers  of  Army  Accounts,  &c. 


The  History  of  the  Archives  49 

subordinate  departments,  which  were  transferred  to  the  department 
of  the  Accountant  General  of  the  Navy  as  a  branch  of  the  Admiralty 
Office*.  Some  twenty  years  later  the  Ancient  Board  of  Ordnance 
shared  the  same  fate,  whilst  a  number  of  smaller  offices,  hitherto  semi- 
detached and  semi-independent,  were  gradually  merged  in  the  central 
organization  of  naval  and  military  administration.  At  the  same  time 
the  remodelled  departments  of  the  Paymaster  General*  and  Auditor 
General*  absorbed  other  isolated  branches  of  the  Ancient  Exchequer 
of  Receipt  and  Account,  though  for  some  not  very  obvious  reason  the 
nominal  duties  of  the  King's  Remembrancer  and  of  the  Comptroller 
of  the  Receipt  of  the  Exchequer  were  continued  down  to  modem 
times*.  Again  the  Office  of  Works,  as  we  have  seen,  was  temporarily 
united  with  that  of  Woods  and  Forests  in  1832  and  the  various 
branches  of  the  Inland  Revenue  were  finally  amalgamated,  whilst 
the  nearly  related  business  of  Probate  and  Registration  was  brought 
into  close  proximity  to  the  Revenue  departments  at  Somerset 
House. 

On  the  other  hand  the  Commissariat  department  was  separated 
in  1853  from  the  Treasury,  by  which  it  had  been  administered  since 
1 8 16,  but  the  Records  of  the  Commissariat  and  Treasury  Chest  were 
continued  till  1876.  It  is  interesting  to  notice  that  the  Commissariat 
as  an  independent  department,  from  1790  to  18 16,  occupied  the 
same  auxiliary  position  towards  the  military  service  of  the  country 
as  was  held  by  the  old  Victualling  Office  in  connexion  with  the 
Navy. 

A  large  number  of  new  departments  have  been  added  during  the 
last  half  century  to  the  old  establishments  of  the  Civil  List  and  the 
public  service. 

Two  of  the  most  noticeable  additions,  however,  the  two  Secretary- 
ships for  India  and  War  had  existed  for  a  long  time  previously  in 
other  forms".  The  same  observation,  indeed,  applies  to  other  depart- 
ments which  were  formally  erected  in  this  period.  The  scheme 
sanctioned  in  1838  for  a  Public  Record  Office,  with  which  the  State 

^  Five  new  departments  were  created  at  this  date,  Accountant  General,  Surveyor  General, 
Storekeeper  General,  Comptrolling  of  Victualling  and  Physician  General. 

'  The  Paymaster  (General's  Office  was  reformed  in  178a  and  remodelled  in  1836  to 
consolidate  the  several  departments  of  the  Paymaster  General  of  the  Forces,  the  Treasurer 
of  Chelsea  Hospital,  the  Treasurer  of  the  Navy,  the  Treasurer  of  the  Ordnance  and  the 
Paymaster  of  the  Civil  Service. 

'  Cf.  above,  p.  48,  n.  4. 

*  Cf.  below,  p.  117,  n.  1.  The  Office  of  the  Exchequer  Seal  was  not  abolished  until  1849 
and  its  Records  were  not  transferred  till  1904. 

'  The  Board  of  Control  and  the  Secretary  at  War. 

H.  4 


50  The  History  of  the  Archives 

Paper  Office  was  incorporated  in  1854^  merely  consolidated  the 
existing  keeperships  and  repositories  of  the  legal  Records  with  which 
the  Archives  of  the  public  departments  were  now  conjoined*.  From 
a  general  point  of  view  the  Public  Record  Office  might  be  regarded 
as  a  department  of  the  Courts  of  Law,  but  its  true  descent  is  from  the 
Household,  and  moreover,  as  a  public  department,  its  Archives  must 
be  distinguished  from  the  Records  at  large^ 

Of  the  more  recent  departments  whose  establishments  swell  the 
pages  of  the  modern  official  Calendars,  it  is  enough  to  remark  that 
with  few  exceptions  they  do  not  possess  Archives  which  are  likely  to 
prove  of  any  historical  value,  a  circumstance  which  is  presumably  due 
to  their  purely  administrative  and  political  nature  and  to  the  fact  that 
the  chief  information  which  their  Records  could  convey  has  for  the 
most  part  been  printed  by  the  Government  press.  It  may  indeed  be 
accepted  as  a  general  principle  that,  just  as  the  place  of  the  State 
Papers  is  taken  in  the  i8th  century  by  the  Records  of  the  public 
departments,  so  the  historical  use  of  the  latter  is  superseded  in  turn 
by  the  printed  Blue  Books.  This  is  a  consideration  which  may 
materially  affect  the  eventual  survival  of  the  modern  Departmental 
Records,  and  it  is  one  which  has  in  fact  already  led  to  the  judicious 
clearance  of  an  accumulation  of  superfluous  documents  and  official 
forms.  At  the  same  time,  owing  partly  to  the  conservative  instincts 
of  the  race,  and  partly  to  the  ceremonial  requirements  of  international 
relations,  there  are  certain  exceptions  to  this  rule.  The  most  notice- 
able of  these  is  found  in  the  case  of  the  diplomatic  and  Colonial 
correspondence,  which  has  clearly  shown  no  tendency  to  diminish 
either  in  volume  or  in  importance  during  the  last  century,  and  which 
cannot  for  obvious  reasons  be  neglected  for  historical  reference.  In 
addition  to  these  it  must  be  remembered  that  there  are  archives  of 
the  British  Legations  in  the  capitals  of  Europe  which  in  a  few  cases 
only  were  transmitted  to  London  before  the  close  of  the  Napoleonic 
wars,  whilst  some  are  still  outstanding. 

With  the  exception  of  such  isolated  documents  as  were  preserved 

^  The  Signet  Office,  which  like  the  State  Paper  Office  itself  had  been  for  three  centuries  a 
sub-department  of  the  Secretaries  of  State's  Office,  was  abolished  by  the  Act  of  the  14  and  15 
Victoria  c.  82.  The  Privy  Seal  Office,  which  enjoyed  an  independent  existence  as  a  department 
of  State,  was  abolished  by  the  same  Act. 

-  Nothing  can  be  said  here  on  the  subject  of  the  several  departmental  "Paper- 
Rooms,"  which  were  chiefly  responsible  for  the  custody  of  Records  previous  to  their  transfer 
to  the  Public  Record  Office.  Most  of  these  departmental  Registries  or  Libraries  in  fact  still 
exist. 

3  These  administrative  Records  include  those  of  the  State  Paper  Office  dating  back  to  the 
1 6th  century. 


The  History  of  the  Archives  51 

in  company  with  the  old  State  Papers,  the  Departmental  Records 
now  preserved  in  the  Public  Record  Office  were  mainly  transferred  to 
that  safe  custody  between  the  years  1846  and  i860.  Since  the  latter 
date  new  additions  have  been  made  to  this  central  collection  from 
time  to  time,  the  details  of  which  will  be  found  in  the  periodical 
Reports  of  the  Deputy  Keeper.  The  very  serious  questions  which 
will  inevitably  arise  whenever  a  complete  survey  of  these  later  sources 
shall  be  attempted  cannot  be  mooted  here.  Such  an  enquiry  would 
include  the  circumstances  connected  with  their  official  custody  and 
the  causes  of  the  irreparable  losses  which  so  many  of  the  series  have 
obviously  sustained.  Here  again  we  should  find  a  repetition  of  the 
flagrant  abuses  which  have  been  unsparingly  condemned  in  earlier 
official  Reports  dealing  with  the  preservation  of  the  legal  Records 
and  State  Papers.  Unfortunately  no  pains  and  penalties  were  in- 
curred by  the  abstraction  or  wanton  destruction  of  these  later 
Records,  nor  was  the  mischief  likely  to  be  ended  until  the  intention  of 
the  Public  Records  Acts  had  been  fully  realized.  Several  important 
private  collections  have,  however,  been  recovered  or  deposited  from 
time  to  time,  and  these  are  notified  in  the  Deputy  Keeper's 
Reports. 

The  chief  conclusions  at  which  we  shall  necessarily  have  arrived 
from  the  above  rapid  survey  of  the  chief  incidents  connected  with  the 
evolution  of  the  public  departments  and  the  custody  of  their  Records 
may  perhaps  be  stated  as  follows  : 

In  the  first  place  we  have  found  that  certain  departments  have 
now  ceased  to  exist,  and  that  their  Records  have  been  transferred  to 
some  other  custody  in  which  they  may  be  identified  with  varying 
success. 

Secondly,  other  departments  appear  to  have  been  absorbed  or 
reorganized  by  a  natural  process,  their  Records  being  in  nearly  every 
case  transferred  or  retained  without  loss  from  that  cause. 

Again  a  third  class  of  public  departments  has  preserved  its 
departmental  position  unchanged,  with  its  Records  intact,  and  these 
have  been  either  transferred  to  the  national  Archives  or  retained  in 
the  possession  of  the  department  itself 

Finally  it  may  be  presumed  that,  with  a  few  exceptions,  no 
Departments  constituted  since  1858  are  possessed  of  Archives  in 
official  custody  which  would  prove  indispensable  to  historical  students'. 

'  For  the  convenience  of  certain  of  these  departments  a  few  documents  of  value,  though 
of  no  historical  importance,  have  been  received  at  the  Public  ReconI  Office  for  safe  custody. 
These  are  noted  iu  the  Deputy  Keeper's  Reports. 


52  The  History  of  the  Archives 

A  nearer  view  of  the  condition  and  prospects  of  the  modern 
Archives  of  the  State  is  forbidden  by  the  well-known  rule  whereby 
certain  State  Papers  of  the  past  century  are  withdrawn  from  a  critical 
examination.  But  events  move  rapidly  in  this  direction.  Less  than 
a  hundred  years  ago  few  even  of  the  legal  Records  or  of  the  more 
ancient  State  Papers  could  be  inspected  without  a  license  or  the 
payment  of  almost  prohibitive  fees,  whilst  the  chief  opportunity  of 
inspecting  Departmental  Papers  was  by  reading  their  context  in  the 
memoirs  of  some  public  official  who  had  removed  them  from  his 
own  departments  Possibly  before  the  close  of  another  century  the 
historical  value  of  these  contemporary  documents  will  have  ceased 
to  exist;  but  before  that  time  has  come  it  is  also  possible  that  many 
gaps  in  the  earlier  and  more  essential  series  will  have  been  filled. 

'  See  Memoirs  of  J.  W.  Croker  and  D.  K.  lOth  Report,  p.  xxi.  But  this  is  nothing  to  the 
void  caused  by  the  abstraction  of  official  papers  in  the  first  quarter  of  the  19th  century,  some 
of  which  are  offered  for  sale  every  day,  whilst  others  are  bestowed  in  family  collections  that 
are  inaccessible  to  the  student.  Fortunately  (as  remarked  above)  the  tendency  is  for  these 
collections  to  be  acquired  by  the  British  Museum.  Thus  the  important  State  Papers  and 
departmental  Records  formerly  acquired  by  the  founders  of  the  great  Stowe  collection  have 
been  fortunately  preserved  to  the  nation,  though  not  it  is  true  in  the  custody  contemplated  by 
the  Act  of  1838  and  the  reiterated  ordinances  of  earlier  times. 


THE   CLASSIFICATION    OF    ARCHIVES. 


(a)     Records. 

A  CLASSIFICATION  of  our  national  Records  has  already  been  to 
some  extent  attempted  by  the  able  officials  who  have  from  time  to 
time  described  their  nature  and  extent.  This  official  classification, 
however,  has  been  necessarily  confined  to  a  technical  and  artificial 
arrangement  of  the  contents  of  the  old  Record  repositories,  and  a 
purely  scientific  or  "  diplomatic "  reconstruction  of  these  Archives 
has  not  yet  attracted  the  attention  of  English  antiquaries.  We  are 
still  content  to  take  the  Records  as  we  find  them.  Rolls  and 
Registers,  Charters,  Writs  and  Warrants,  Inquisitions  and  Returns, 
Accounts,  and  all  the  rest,  are  what  they  have  been  since  they  were 
first  written.  There  is  no  room  for  abstruse  theory  in  the  closely 
printed  pages  of  the  encyclopaedic  handbook  which  forms  such  an 
admirable  Guide  to  the  existing  arrangement  of  the  Public  Records, 
The  relationship  of  one  class  to  another,  the  construction  of  the 
subsidiary  documents  from  which  the  formal  Record  is  derived,  the 
position  of  the  derived  documents  which  may  be  grouped  around 
these,  and  the  history  of  the  mere  excrescences,  no  longer  nourished 
by  the  parent  stock  and  clogging  its  avenues  of  light  and  air,  none  of 
these  considerations  has  entered  into  the  philosophy  of  the  ancient  or 
modern  archivist. 

It  might  be  objected  with  some  force  that  such  questions  are 
neither  very  practical  nor  very  urgent,  and  that  there  is  no  demand 
for  a  scientific  classification  of  Archives.  But  it  is  not  even  sug- 
gested that  the  existing  arrangement  might  be  superseded  with  any 
real  advantage.  The  student  of  history  has  certainly  no  cause  for 
gratitude  to  those  who  rashly  remove  the  landmarks  of  antiquity. 
If  the  old  proprietary  classification  of  the  Records  of  the  Courts  of 
Law  is  an  artificial  one  necessitating  a  multitude  of  cross-references  it 
also  has  its  uses.  It  will  at  least  be  found  to  have  preserved  a  clue  to 
the  provenance  of  the  several  series,  whilst  it  allows  ancient  references 


54  T^^^  Classification  of  Archives 

to  be  preserved  intact.  Neither  of  these  advantages  can  perhaps 
be  claimed  for  the  system  of  specialization  which  has  already 
made  considerable  inroads  on  the  departmental  collections  of  the 
Courts  of  Justice.  On  the  other  hand  this  system  certainly  facili- 
tates the  production  of  detailed  lists  forming  a  series  of  scholarly 
monographs  which  are  duly  appreciated  by  the  public.  Moreover  of 
late  years  there  has  been  a  tendency  towards  grouping  the  main 
divisions  of  Records  under  their  characteristic  subjects.  Thus  the 
Plea  Rolls  of  the  Courts  of  Law  have  been  distinguished  by 
the  title  of  "Judicial  Proceedings,"  whilst  for  composite  groups 
such  convenient  catch-words  have  been  devised  as  "  Ecclesiastical 
Matters,"  "  Monastic  Foundations,"  "  Feudal  Tenures,"  "  Escheats 
and  Forfeitures,"  "  Army,  Navy  and  Ordnance,"  "  Parliamentary  Pro- 
ceedings," "  Forests,"  &c.  Such  a  system  of  recognized  passwords 
for  the  chief  sources  of  our  institutional  history  may  in  the  near 
future  enable  us  to  scrutinize  the  contents  of  the  darkest  recesses  of 
the  repository  by  a  reflected  light.  The  old  press  references  will 
remain,  but  they  need  not  possess  any  greater  significance  than  the 
titles  of  the  Roman  emperors  with  which  a  famous  antiquary  embel- 
lished his  stolen  volumes.  Eventually  there  are  certain  problems 
to  be  solved  in  connexion  with  the  intricate  system  of  Record  com- 
position that  will  require  nothing  less  than  a  complete  structural 
classification  of  the  ancient  Records  of  the  realm  ;  the  relationship  of 
one  class  to  another,  and  the  part  that  each  distinct  species  of  Record 
is  designed  to  play  in  the  economy  of  the  mediaeval  Scriptorium. 
Such  a  reconstruction,  however,  will  be  regarded  as  a  purely  Utopian 
scheme,  and  the  utmost  that  may  be  attempted  here  is  an  innocent 
re-grouping  of  the  several  classes  of  Records  in  the  interests  of 
diplomatic  study. 

Let  us  begin  with  the  essential  Records,  the  "  ProtokoUrolle " 
or  final  acts  of  the  Courts  of  Record  themselves.  These  can  be  dis- 
tinguished at  a  glance  when  they  are  produced  to  us,  and  we  know 
that  they  He  in  their  thousands  on  the  shelves  of  the  Repository,  an 
unequalled  series  of  term-rolls  of  the  Courts  of  Law,  extending  from 
the  reign  of  Richard  I  to  that  of  Queen  Victoria. 

These  form  the  most  important  portion  of  the  "Judicial  Proceed- 
ings" above  referred  to,  and  for  the  purpose  of  convenient  subdivision 
they  may  still  be  allowed  to  remain  under  their  respective  Courts. 
Here  are  the  "Plea  Rolls,"  distinguished  by  the  several  titles  of  "Curia 
Regis,"  "  Coram  Rege,"  "  Crown,"  "  Controlment,"  and  "  Assize,"  which 
last  includes  of  course  the  ordinary  business  of  the  Eyres,  "  Oyer  and 


The  Classification  of  Archives  55 

Terminer,"  "  Gaol  Delivery "  and  "  Nisi  Prius,"  together  with  the 
extraordinary  business  connected  with  "  Quo  warranto,"  "  Trail- 
baston,"  "  Rageman,"  "  Labourers,"  or  Special  Commissions,  such  as 
that  which  investigated  the  judicial  scandals  of  1289^  and  the  State 
trials  contained  in  the  so-called  Baga  de  Secretis.  These  are  for  the 
king's  Courts  alone''.  For  the  Common  Pleas  we  have  the  "  De  Banco  " 
Rolls  and  their  sequel  in  the  "  Plea  "  and  "  Recovery  "  Rolls  of  a  later 
period,  and  there  are  also  those  abnormal  Records  the  Fines.  The 
Exchequer  Court  furnishes  a  closely  allied  series  of  Plea  Rolls,  whilst 
its  Memoranda  Rolls  (if  we  must  exclude  Pipe  Rolls)  are  f)ossibly 
the  most  ancient  of  all  judicial  Records^  In  later  times  its  equitable 
jurisdiction  has  produced  a  long  series  of  Decrees  and  Orders*.  Then 
there  is  the  Chancery  with  its  slow  judicial  development'  and  its 
eventual  encroachments,  affording,  instead  of  Rolls,  a  few  early  Pro- 
ceedings and  a  mass  of  later  Decrees'.  All  these  are  familiar  types; 
but  the  list  is  not  yet  complete.  For  the  purpose  of  a  logical  classifi- 
cation we  must  certainly  include  the  Plea  Rolls  of  the  "Judaism"  and 
of  the  Forests,  together  with  the  formal  proceedings  of  the  Palace 
Courts,  and  the  pleadings  within  palatine  jurisdictions.  Possibly  too 
we  ought  to  include  the  Placita  Parliamentaria,  although  the  depart- 
mental connexion  of  these  pleadings  is  with  the  Chancery,  whilst  the 
Acts  or  Sentences  of  the  Admiralty  and  Ecclesiastical  Courts  are 
still  further  removed  owing  to  their  alien  characteristics.  In  any  case, 
however,  they  should  be  enumerated  in  a  diplomatic  collection  of  the 
final  instruments  of  a  judicial  system. 

So  far  we  have,  on  the  whole,  been  able  to  keep  our  classification 
within  the  beaten  track ;  but  the  remaining  "  Records,"  as  they  are 
commonly  regarded,  those  other  "judicial  proceedings,"  the  Indict- 
ments, Bails,  Essoins,  Affidavits,  Interrogatories,  Bills,  Answers  and 
the  rest,  together  with  the  Writs  and  Returns,  Petitions  and  other 
documents  of  a  diplomatic  construction,  besides  the  great  army  of 
Accounts;  all  these,  which  we  have  declined  to  place  "cheek  by  jowl" 

'  See  below,  p.  144  sq. 

'  Some  of  the  above,  such  as  the  proceedings  under  the  Statute  of  Labourers,  are  really 
Rolls  of  the  Justices  of  the  Peace. 
»  See  Part  U. 

*  The  departmental  Courts  of  Augmentations,  General  Surveyors  and  First  Fruits  and 
Tenths  and  the  cognate  jurisdiction  of  the  Court  of  Wards  and  Liveries  are  included  under  the 
Exchequer  in  the  modem  classification  of  the  Records. 

'  From  the  "Common  Law"  practice  recorded  in  the  "County  Platita." 

•  The  special  jurisdictions  of  the  Courts  of  Star  Chamber  and  Requests  are  closely 
allied  to  that  of  the  Chancery.  The  surviving  Records  are  however  chiefly  subsidiary 
proceedings. 


56  The  Classification  of  Archives 

with  the  completed  Record,  remain  to  be  disposed  of.  These,  as  we 
have  premised,  must  be  regarded  as  "  subsidiary  judicial  proceedings," 
leading  through  successive  stages  and  by  divers  processes  to  the  con- 
summation of  the  Record. 

An  exception  should  perhaps  be  made  in  the  case  of  the  Accounts 
which  are  subsidiary  to  the  compilation  of  the  Great  Roll  and  which 
also  furnish  the  chief  subject  matter  for  the  legitimate  business  of  the 
Exchequer  Court.  The  whole  of  this  class  however,  though  it  is 
easily  recognized  by  its  general  characteristics,  presents  many  diffi- 
culties owing  to  our  present  imperfect  knowledge  of  the  minute 
details  of  the  judicial  and  administrative  systems  of  an  earlier  periods 
For  several  reasons  these  Accounts  may  be  included  in  the  following 
class  of  Ministerial  Proceedings. 

The  class  of  Records  referred  to  above  may  be  distinguished 
broadly  from  the  remaining  Archives  by  their  judicial  environment, 
but  it  must  be  remembered  that  amongst  these  judicial  Records  there 
are  certain  types  which  present  a  purely  diplomatic  construction 
although  these  instruments  were  nevertheless  employed  solely  in 
a  judicial  connexion.  A  well-known  instance  occurs  in  the  case 
of  the  Final  Concords,  whilst  the  Coroners'  Rolls  are  returns  to 
inquisitions  in  diplomatic  form.  Finally  there  are  the  innumerable 
Writs  and  other  diplomatic  instruments  which  constitute  a  large 
portion  of  the  recognized  judicial  proceedings  of  the  Courts. 

These  forms,  however,  are  truly  represented  in  the  next  section  of 
our  classification,  which  will  include  the  originals  or  enrolments  of 
diplomatic  documents,  including  a  large  number  of  Inquisitions  and 
Returns.  The  relationship  in  which  these  diplomatic  documents 
stand  towards  the  true  judicial  Records  and  their  satellites  is  not 
easily  explained.  From  one  point  of  view  few  if  any  of  them  should 
be  included  amongst  "  Records  "  at  all,  for  they  are  for  the  most  part 
the  products  of  the  Chancery  and  Exchequer  in  their  secretarial  or 
ministerial  capacities  and  include  the  well-known  mediaeval  "  State 

1  In  theory,  at  least,  every  branch  and  item  of  the  Revenue  was  returnable  in  the 
Treasurer's  budget,  and  each  was  authenticated  by  "Particulars  of  Account,"  a  large 
proportion  of  which  has  survived  to  form  one  of  the  most  extensive  classes  of  our  Public 
Records.  These  are  the  vouchers  not  only  for  the  sheriff's  farm,  but  also  for  the  accounts  of 
individual  debtors,  returnable  through  one  or  the  other  as  accountants.  In  course  of  time  the 
main  sources  of  the  Revenue  ceased  to  flow  through  this  main  channel  and  were  intercepted  by 
' '  Foreign  "  enrolments  and  later  still  by ' '  Declared  Accounts, "  prepared  and  examined  by  new 
fiscal  departments.  These  later  enrolments,  however,  were  based  in  turn  upon  "particulars" 
and  "ledger-books"  which  have  been  more  or  less  capriciously  preserved.  From  this  one 
source  then  we  have  a  vast  mass  of  disconnected  documents,  the  accounts  of  sheriffs,  bailiffs, 
clerks,  ministers  and  receivers,  customers,  collectors  and  escheators. 


The  Classification  of  Archives  57 

Papers,"  of  which  some  are  still  preserved  amongst  the  modern  series 
which  bears  that  title.  And  yet  the  originals  of  these  diplomata  were 
received,  preserved  and  occasionally  enrolled  by  the  Courts  themselves 
which  by  degrees  reproduced  their  formulas  in  the  composition  of 
their  own  Records.  In  fact  for  certain  purposes  the  apparatus  of  the 
Chancery  was  not  more  efficient  than  that  of  the  Exchequer  or  the 
Courts  of  Common  Law.  From  the  reign  of  Henry  II  (if  not  earlier) 
the  King's  Court  and  the  Exchequer  possessed  distinctive  seals,  and 
several  of  the  great  inquests  of  the  12th  and  13th  centuries  were 
apparently  carried  out  through  the  sole  agency  of  the  latter  juris- 
diction \  In  the  case  of  other  Inquisitions  the  Chancery  certainly 
exercised  a  sole  or  at  least  a  dual  control,  and  by  degrees,  especially 
with  the  decay  of  the  feudal  system,  the  activity  and  political  impor- 
tance of  the  king's  clerks  superseded  the  functions  of  the  Barons  in 
this  direction.  The  "  Petty  Bag "  becomes  a  permanent  institution, 
like  the  "  Hamper,"  and  the  Exchequer  confines  itself  to  "  special 
commissions"  and  obsolete  inquests.  But  although  the  natural  com- 
munity of  mediaeval  clerical  labour  will  easily  account  for  the  occasional 
interchange  of  Records  between  the  two  courts,  the  Chancery  in  its 
secretarial  capacity  has  an  absolute  control  over  the  composition 
and  preservation  of  the  domestic  and  foreign  State  Papers.  Of 
these  the  originals  and  drafts,  where  they  have  been  preserved, 
form  the  great  class  of  Diplomatic  Documents,  whilst  the  copies 
alone  constitute  a  considerable  proportion  of  the  Chancery  Enrol- 
ments. 

It  is  as  we  have  seen  a  matter  of  some  difficulty  to  draw  a  sharp 
distinction  in  any  scheme  of  classification  between  the  diplomatic 
forms  of  certain  legal  Records  such  as  Fines  and  Recognizances  and 
the  Inquisitions  and  Returns  which  present  like  forms  without  any 
judicial  connexion.  This  difficulty  may,  however,  be  to  some  extent 
obviated  by  the  reflection  that  Pleadings  and  Returns  alike  have 
a  common  diplomatic  origin  as  the  products  of  a  royal  writ,  which  is 
here  merely  distinguished  according  to  its  judicial  or  administrative 
nature'.  Moreover  the  proprietary  claims  of  the  Courts  in  respect  of 
many  important  examples  of  ministerial  proceedings  are  very  ill- 
defined,  and  here  as  in  other  cases  documents  have  been  assigned 
to  particular  jurisdictions  from  the  confusion  attending  their  early 
custody. 

'  e.g.  the  feudal  inquests  preserved  in  the  Red  and  Black  Books  of  the  Exchequer  and  the 
Tt.Ua  de  Nevill. 

'  See  below,  Part  II. 


58  The  Classification  of  Archives 

Less  difficulty  may  be  felt  in  disposing  of  the  group  of  Records 
now  under  consideration  since  royal  charters  and  writs,  with  their 
Returns,  and  Royal  Letters,  with  divers  ordinances  and  notarial 
instruments,  may  clearly  be  classed  together  in  accordance  with 
their  structural  and  technical  characteristics.  Indeed  as  we  have 
seen  it  might  be  fairly  questioned  whether  their  mere  environment 
should  suffice  to  distinguish  many  of  these  reputed  Records  from  the 
State  Papers  and  Departmental  Records  of  a  later  period,  for  after 
the  lapse  of  a  few  centuries  the  latter  in  turn  may  appear  as  archaic 
as  the  Patent  and  Close  Rolls  of  the  13th  century. 

Purely  diplomatic  forms  are  also  represented  by  a  third  class  of 
documents,  which  must  not  be  placed  on  the  same  footing  with 
judicial  Records  or  even  with  diplomatic  documents  on  account 
of  the  informality  of  their  execution  and  preservation,  although  in 
many  cases  they  will  not  be  found  to  differ  from  either  of  the  above 
in  their  form  and  purpose.  These  are  the  well-known  Precedent 
Books,  or  "  Books  of  Remembrance,"  semi-official  compilations  which 
have  preserved  valuable  and  authoritative,  in  some  cases  unique 
copies  or  notes  of  judicial  and  political  proceedings.  Although  for 
the  most  part  compiled  in  the  shape  of  books,  some  rolls  are  found 
in  this  class  which  is  chiefly  represented  amongst  the  Records  of  the 
Exchequer  and  the  Chancery.  Doubtless  many  cause-books  and 
precedents  were  in  daily  use  in  the  courts  of  law,  but  it  is  scarcely 
surprising  that  so  few  of  these  have  been  preserved  in  official  custody, 
though  numerous  examples  have  survived  in  private  collections. 

Amongst  these  Precedent  Books  we  may  perhaps  distinguish 
between  works  which  are  practically  transcripts  of  official  Records, 
such  as  Domesday  Book  itself,  the  Testa  de  Nevill,  Kirby's  Quest 
and  other  well-known  Feodaries  and  Surveys,  the  Vetus  Codex  for 
proceedings  of  the  Parliament,  or  mere  transcripts  of  Statutes,  and 
compilations  of  a  wider  scope  and  utility  which  in  many  cases  were 
the  work  of  more  than  one  generation  of  clerks.  Familiar  instances 
will  be  recalled  by  the  titles  of  the  Red  and  Black  Books  of  the 
Exchequer  and  the  Libri  Munimentorum,  whilst  of  one  sort  and 
another  some  hundreds  of  these  Precedents  cire  to  be  found  amongst 
the  Miscellaneous  Books,  Rolls  and  Documents  of  the  several  courts. 

Below  these  in  historical,  but  not  in  official  merit,  are  the  common- 
place books  in  official  use,  including  Formulas,  Calendars,  Inventories, 
Establishments,  Treatises  and  other  office  properties,  which  have  been 
compiled  and  continuously  preserved  in  the  repositories  of  Records. 
Some   of    these   are   of  great   antiquity   and   considerable   interest. 


The  Classification  of  Archives  59 

Bishop  Stapeldon's  famous  Calendar  and  the  other  contents  of  the 
Liber  Memorandorum  together  with  the  repertories  of  early  judicial 
proceedings  have  a  value  apart  from  age,  whilst  the  "remains"  of 
Agarde,  Ayloffe,  Palmer  and  other  official  antiquaries  are  still  in 
current  use.  But  by  no  means  all  the  existing  specimens  of  this 
class  are  now  preserved  in  official  custody. 

The  fourth  and  last  division  of  Records  in  this  scheme  of  classifi- 
cation will  include  a  considerable  number  of  documents  which  though 
in- many  cases  of  diplomatic  construction  are  not  in  their  origin  official 
Records,  for  the  very  reason  that  they  have  been  mainly  composed 
by  private  hands,  and  have  been  acquired  from  external  sources. 
Such  are  the  original  charters,  writs,  and  cartularies  ;  the  court  rolls, 
surveys  and  other  title-deeds  which  have  been  deposited  or  "exhibited" 
chiefly  in  the  course  of  Chancery  suits  and  proceedings  in  the  Ex- 
chequer, or  which  have  come  into  the  hands  of  the  Crown  in 
consequence  of  the  death  or  delinquency  of  their  original  possessors. 
These  deposits  had  begun  to  accumulate  in  the  royal  treasury  as 
early  as  the  reign  of  Henry  IP  and  to  them  was  added  later  a  vast 
mass  of  correspondence,  accounts  and  family  papers.  Some  of  these 
documents  such  as  "  court-rolls,"  "  ministers'  accounts,"  Surveys  and 
Registers  have  already  been  incorporated  with  the  corresponding 
series  of  official  Records,  and  if  this  process  of  absorption  were 
continued  the  artificial  distinction  of  the  whole  class  would  soon  be 
at  an  end. 

In  summing  up  the  results  of  this  outline  of  a  structural  classifica- 
tion of  our  Public  Records,  it  will  be  evident  that  the  key  to  the 
position  is  the  restriction  of  the  term  "  Record "  to  the  class  of 
judicial  proceedings  to  which  it  lawfully  pertains.  This  simple 
limitation  not  only  enables  us  at  once  to  disentangle  the  true 
Record  from  the  confused  mass  of  state  documents  with  which  it 
has  been  casually  associated  in  the  existing  proprietary  classification, 
but  also  to  resolve  these  latter  documents  into  certain  natural  divisions 
which  have  not  hitherto  been  recognized.  At  the  same  time  it  suggests 
a  useful  distinction  between  the  final  Record  and  its  subsidiary 
documents.  Again  it  will  be  noticed  that  the  immediate  effect  of 
this  natural  arrangement  is  to  bring  into  prominence  not  only  the 
individuality  but  also  the  continuity  of  the  composition  and  preserva- 
tion displayed  by  the  several  types.  The  continuity  of  official  writings 
is  in  fact  a  vindication  of  their  morphological  classification,  for,  with 
certain  inevitable  modifications,  the  forms  of  Records  are  continuous 

^IDialogust  I.  xiv. 


6o  The  Classification  of  Archives 

from  first  to  last,  and  so,  in  their  distinctive  shape,  are  the  diplomatic 
forms  which  have  been  preserved  beside  them.  Finally  it  may  be 
suggested  that  an  important  result  of  some  such  scheme  of  recon- 
struction would  be  to  facilitate  the  use  both  of  Records  and  diplomatic 
documents  as  historical  sources,  and  this,  it  is  almost  needless  to  say, 
is  the  chief,  if  not  the  only  .purpose  of  the  present  essay. 


{b)     State  Papers. 

The  classification  of  the  State  Papers  might  be  fairly  regarded  as 
a  much  easier  task  than  that  which  is  imposed  on  us  in  the  case  of 
the  legal  Records.  This  supposition  is  perhaps  correct ;  but  at  the 
same  time  if  there  is  less  scope  for  reconstruction  in  the  former 
direction,  we  are  unfortunately  hampered  by  numerous  early  mis- 
conceptions which  were  probably  the  cause  of  the  misplacing  of  several 
items  of  the  existing  collections  of  the  State  Papers. 

At  the  outset  we  have  to  define  the  extent  and  scope  of  our 
materials.  Which  of  these  are  State  Papers  and  which  are  Records 
or  Departmental  Papers  ?  There  is  scope  for  considerable  confusion 
between  these  three  classes  of  official  MSS.  That  is  to  say  we 
meet  with  a  certain  number  of  diplomatic  instruments  in  the  form 
of  drafts  or  originals  with  the  corresponding  Entry  Books,  some  of 
which,  such  as  the  Secretary  of  State's  Warrant  Books,  bear  it  is 
true  a  close  resemblance  to  the  general  character  of  the  State 
Papers,  though  they  must  be  regarded  equally  as  a  diplomatic 
source'. 

Other  forms  of  ancient  Records  will  be  found  interspersed  with 
the  typical  State  Papers,  and  for  the  reign  of  Henry  VIII  free  use 
has  been  made  in  the  official  Calendar  of  the  contents  of  Record 
Sources  which  are  not  obviously  connected  with  the  oflfice  of  the 
contemporary  Secretaries  of  State.  This  practice  may  perhaps  be 
explained  by  the  transitional  character  of  a  period  in  which  the 
existing  State  Papers  undoubtedly  present  a  somewhat  miscellaneous 
appearance'^.     By  degrees,  however,  and  especially  with  the  gradual 

'  As  warrants  for  the  issue  of  more  formal  instruments  they  are  of  little  value,  but  as 
missives  under  the  Sign  Manual  or  by  the  delegated  authority  of  the  Secretary  of  State  they 
have  a  new  importance. 

2  This  anomalous  aspect  is  rendered  still  more  striking  by  the  arbitrary  titles  applied  to 
individual  documents  by  earlier  writers.  Thus  we  should  have  some  difficulty  in  identifying 
"Chancellor  Goodrick's  Leger"  referred  to  by  Strype  {Ecd.  Mem.  ii.  (2)  223)  with  S.P.  Dom. 
Edward  VI,  vol.  xix.  but  for  the  possibility  of  identifying  the  entries  by  means  of  the  Patent 
Rolls  and  Particulars  for  Grants. 


The  Classification  of  Archives  6i 

recognition  of  the  departmental  position  of  the  Law  Officers  of  the 
Crown  the  subsidiary  Records  of  the  Chancery  and  Bench  are  of 
less  frequent  occurrence,  and  with  the  differentiation  of  the  Council 
Chamber  and  Signet  Office  their  absorption  is  completed. 

The  use  which  may  be  found  for  these  delated  Records  by  the 
student  of  history  will  be  considered  elsewhere ;  but  with  regard  to 
the  present  question  of  their  classification  it  would  be  futile  to  deny 
them  a  position  which  should  have  belonged  to  the  purely  ministerial 
Records  of  an  earlier  period.  In  fact  the  constitutional  pretensions 
of  the  sovereign  and  his  Secretaries  of  State  would  have  covered  a  far 
more  extended  use  and  custody  of  what  were  termed,  with  greater 
accuracy  than  our  own,  the  "  Records  and  Papers  of  State,"  and 
moreover  both  the  Chancery  and  Exchequer  had  long  abandoned 
their  departmental  activity.  When  we  find  the  Secretary  of  State 
under  George  III  issuing  his  warrant  for  the  preservation,  amongst 
the  Papers  of  State  of  a  quantity  of  Exchequer  Records  we  need  not 
be  surprised  at  any  incongruity  which  may  exist  in  the  procedure  of 
their  early  custody^ 

At  the  same  time  we  are  not  compelled  to  recognize  this  archaic 
procedure  in  any  scientific  scheme  of  classification.  The  "  Signed 
Bills  "  at  least  cannot  be  regarded  as  State  Papers,  whatever  view  we 
may  take  of  the  position  of  the  Signet  Office,  and  the  same  remark 
applies  still  more  forcibly  to  the  department  of  the  Privy  Seal.  The 
instruments  which  properly  belong  to  the  later  Secretariat  are  suffi- 
ciently numerous  and  important  without  confusing  them  with  parallel 
forms. 

The  still  larger  admixture  of  the  earliest  Departmental  Records 
with  the  purely  Secretarial  State  Papers  is  due  to  circumstances 
which  were  perhaps  inevitable.  Here,  at  least,  there  was  no  pre- 
existing jurisdiction  by  which  the  custody  of  these  Records  could  be 
claimed,  and  it  was  only  by  slow  degrees  that  a  departmental  pro- 
cedure was  evolved  to  supplement  the  functions  of  the  Wardrobe  and 
Household  or  those  of  individual  patent  offices. 

The  reference  is  to  the  Papers  relating  to  naval  and  military 
matters  in  particular,  for  the  Records  of  the  Treasury  and  Board  of 
Trade  were  almost  from  the  first  under  the  charge  of  separate 
establishments,  and  we  have  seen  that  the  same  remark  to  some 
extent  applies  to  the  departments  of  the  Council  and  the  Household. 

'  The  reference  is  to  the  well-known  case  of  the  Records  of  the  Exchequer  of  Receipt 
appropriated  by  John  Anstis.  Cf.  the  list  of  incongruous  Recortls  transferred  to  the  Paper 
Office  in  1770  by  ordei  of  the  House  of  Lords,  given  in  D.  K.  ixH  Rtport,  p.  vi. 


62  The  Classification  of  Archives 

As  for  the  Foreign  and  Colonial  Papers  which  until  quite  recently 
have  been  regarded  as  purely  Departmental  Records  these  like  the 
Archives  of  the  Home  Office  itself  formed  an  integral  part  of  the 
State  Papers  down  to  the  reign  of  George  III.  We  may  therefore 
regard  certain  Records  which  are  included  amongst  the  State  Papers 
of  the  1 6th  ?ind  17th  centuries  as  merely  antecedent  to  the  respective 
departmental  series.  Conversely  we  must  continue  to  regard  as 
State  Papers  those  other  documents  which  must  have  been  detached 
from  the  main  collection  in  modern  times  to  form  the  earliest  portion 
of  the  series  of  Foreign,  Colonial  and  Home  Office  Records^ 

After  these  necessary  explanations  we  shall  be  able  to  make  rapid 
progress  with  the  outline  of  our  classification  which,  with  certain 
modifications,  will  be  found  substantially  the  same  in  the  earlier  and 
later  periods  alike. 

The  principles  of  this  classification  may  be  briefly  stated  as 
follows :  three  main  divisions  of  State  Papers  are  easily  recognizable, 
namely  Domestic,  Foreign  and  Colonial.  These  again  may  be  sub- 
divided according  to  a  simple  political,  geographical  or  chronological 
arrangement  combined  with  a  distinction  of  subjects.  Thus  there 
are  distinct  headings  for  Ireland,  Scotland  and  the  Channel  Islands, 
the  English  Political  Papers  and  Entry  Books  being  arranged  in 
order  of  date  under  the  several  sovereigns'  reigns,  whilst  the  remaining 
Papers  are  arranged  under  subject  headings. 

These  subject  headings  will  be  found  to  vary  according  to  the 
contents  of  the  collection  at  different  dates  and  the  taste  of  the  age 
in  which  they  are  framed.  Such  headings  as  "  Army  "  and  "  Navy," 
"  Trade,"  "  Church,"  "  Law,"  "  Petitions,"  "  Proclamations,"  and  "  War- 
rants" are  however  found  throughout,  with  the  inevitable  "Various" 
and  "Miscellaneous  "  collections.  The  Foreign  Papers  with  their  Entry 
Books  are  naturally  arranged  under  countries,  with  separate  sections 
for  Treaties  and  Treaty  Papers,  Royal  Letters  and  miscellaneous 
subjects.  The  business  of  the  Plantations,  apart  from  Trade,  was  not 
distinguished  till  a  later  date  and  their  official  administration  was 
shared  by  an  independent  department.  The  plan  of  their  arrange- 
ment will  however  be  found  to  be  the  same  as  in  the  case  of  the 
preceding  series. 

'  As  the  several  offices  of  the  Secretaries  of  State  resolved  themselves  into  the  existing 
departments  between  1782  and  1801,  the  fact  that  their  Papers  continued  to  be  preserved  as 
a  matter  of  convenience  in  the  general  repository  of  the  State  Paper  Office  (wherever  situated) 
is  of  no  real  moment.  Similarly  the  circumstance  of  the  erection  of  new  Secretaryships  of 
State  in  a  still  later  period  does  not  give  those  departmental  collections  the  character  of  State 
Papers. 


The  Classification  of  Archives  63 

Although  the  earliest  existing  classification  of  the  State  Papers 
dates  from  the  reign  of  James  I,  there  are  certain  indications  that  the 
main  principles  of  the  scheme  propounded  at  that  time  by  Sir  Thomas 
Wilson  were  recognized  at  a  much  earlier  date.  In  an  original 
inventory  of  the  Papers  remaining  in  the  Study  at  "  Westminster'," 
penned,  as  we  have  seen,  in  the  year  1544,  we  meet  with  many  of 
the  headings  with  which  we  are  so  familiar  in  the  later  period,  and 
from  these  we  can  reconstruct  the  same  conventional  scheme  without 
much  difficulty'. 

These  titles  were  evidently  in  common  use  amongst  the  statesmen 
and  antiquaries  of  the  latter  half  of  the  century,  and,  divested  of  their 
prolix  style  and  quaint  Latinity,  they  have  for  the  most  part  survived 
the  vagaries  of  three  centuries  of  official  scholarship. 

Some  credit  must  certainly  be  given  to  Sir  Thomas  Wilson  for  his 
expansion  of  the  existing  outline  of  this  classification.  Few  new 
features  are  indeed  presented  by  his  creation  of  twelve  divisions 
of  State  Papers  embellished  with  pedantic  Latin  titles.  Of  these 
the  first  two  are  assigned  to  England,  north  and  south  of  Tweed,  and 
the  next  seven  to  the  European  States  including  Ireland.  The  tenth 
division,  however,  deals  with  the  Mahommedan  States  and  two  new 
classes  are  devoted  to  Treaties  and  Miscellaneous. 

From  the  explanatory  remarks  appended  to  Wilson's  list  we 
obtain  fresh  details  of  the  existing  arrangement  of  the  Domestic 
series  of  Papers  comprised  under  the  title  of  South  Britain,  and  these 
with  one  or  two  exceptions  can  be  identified  with  classes  of  Papers 
which  are  still  preserved*. 

The  headings  in  question  are  those  for  Law,  the  Church,  Army, 
Admiralty,  Council,  Trade  and  Miscellaneous.  The  chief  subjects  of 
another  heading  "  the  Crown  "  {Regalia)  stand  now  under  Warrants, 
Proclamations  and  Petitions,  but  some  of  the  other  contents  of  this 
subdivision  have  been  dispersed.  The  heading  "  Criminal,"  though 
well  represented  in  the  most  recent  classification,  was  not  consistently 
preserved  throughout  the  i8th  century*,  while  Trade  and  the  Exchange 

•  Possibly  meaning  Whitehall.     Cf.  above,  p.  31,  n.  3. 

*  Two  more  meagre  lists  are  preservetl  before  Sir  T.  Wilson's  Keepership.  namely  ft  list 
of  "  Books  remaining  at  the  Court"  in  1598,  and  a  note  of  the  books  in  SirT.  Lake's  custody 
at  Whitehall,  written  between  the  years  1603  and  1605.  Both  show  traces  of  a  similar 
arrangement  (S.  P.  Docti.  I.  5  and  6). 

'  Below,  Appendix  v. 

♦  It  would  seem  that  the  Papers  which  Wilson  and  Williamson  had  in  view  under  thit 
heading  were  chiefly  connected  with  .State  Trials.  A  well-known  instance  occurs  in  the  case 
of  the  "Gunpowder  Plot  Papers." 


64  The  Classification  of  Archives 

are  not  distinguished  during  the  same  period  because  independent 
official  establishments  existed  in  both  cases.  All  these  headings  are, 
however,  represented  in  our  own  chronological  series  of  Letters  and 
Papers. 

Perhaps  the  weak*point  in  Wilson's  classification  is  found  in  its 
general  subordination  to  the  official  traditions  of  the  period.  We  are 
told  in  fact  that  all  but  the  last  of  the  above  divisions  refer  to  the 
modern  or  Cecil  collection  and  that  the  last  or  miscellaneous  division 
comprised  the  old  State  Papers  derived  from  preceding  Secretaries  of 
Stated  This  curious  proprietary  view  of  the  State  Archives  will  be 
found  to  underlie  the  whole  scheme  of  their  arrangement  during  the 
greater  part  of  the  17th  century. 

The  next  attempt  at  a  comprehensive  classification  of  the  State 
Papers  is  that  prepared  by  Sir  Joseph  Williamson  about  the  year 
1682^  This  will  be  found  to  be  substantially  the  same  as  the  scheme 
propounded  by  Sir  Thomas  Wilson.  Certain  improvements  are, 
however,  visible,  though  the  general  plan  is  scarcely  as  effective  as 
that  of  the  first  Keeper.  Scotland  and  Ireland  now  stand  next  to 
England  but  are  separated  from  the  Channel  Islands  and  Wales 
by  the  titles  of  the  Foreign  States  and  the  principal  sections  of  the 
Domestic  Papers^  These  last  are  practically  the  same  as  before,  but 
there  are  new  headings  for  the  Household,  Offices^  London,  Usurpation 
(signifying  the  Commonwealth  Committees),  Commissions,  Letters  of 
Secretaries  of  State,  and  Royal  Letters.  The  old  Records  of  the 
Signet  Office  and  Council  Chamber  form  here  a  separate  class.  There 
is  again  a  separate  section  for  the  prae-Elizabethan  papers  with  the 
heading  "  Anglia  Vetera." 

According  to  Williamson's  own  assertion,  each  of  these  divisions 
was  arranged  in  considerable  detail  under  appropriate  sub-headings 
and  more  or  less  in  chronological  order.  On  the  other  hand  we  have 
the  apparently  truthful  and  unprejudiced  report  of  his  successor  which 
implies  that  great  confusion  was  found  to  prevail  in  the  general  arrange- 
ment of  the  Papers  at  the  time  of  Williamson's  death,  and  it  is  certainly 

1  These  would  probably  have  included  the  Domestic  and  Political  Papers  referred  to  in  the 
inventory  of  1544,  but  we  may  suppose  that  the  Foreign  Papers  of  that  date  are  included  with 
the  modem  series.  The  period  given  for  this  series,  1522 — 1590,  is  not  probably  intended  to 
include  the  collection  of  the  elder  Cecil,  a  large  part  of  which  must  have  descended  to  his  son 
apart  from  the  Papers  seized  by  the  Crown. 

^  See  below,  p.  133. 

^  This  unintelligent  order  has  been  ignored  in  the  outline  given  below. 

*  Apparently  corresponding  to  the  later  official  headings  of  "Public  Offices"  and 
"  Departmental." 


The  Classification  of  Archives  65 

strange  that  the  detailed  arrangement  to  which  Williamson  refers 
should  not  have  been  set  out  in  a  catalogue  of  some  kind.  As  it  was, 
nearly  a  century  passed  before  such  a  catalogue  was  completed*  and 
in  the  meantime  no  further  classification  was  attempted,  though  it  is 
only  fair  to  observe  that  the  dispersal  of  the  collection  in  1706  would 
have  made  the  task  a  difficult  one. 

The  special  facilities  afforded  to  the  commissioners  appointed  in 
1763  for  the  purpose  of  methodizing  the  Records  at  length  resulted 
in  the  preparation  of  a  fairly  detailed  inventory  of  the  State  Papers, 
which  was  re-issued  as  an  Appendix  to  a  Report  made  in  the  year 
1800*.  This  is  in  two  distinct  parts,  following  the  existing  location 
of  the  Papers  themselves ;  Part  I  dealing  with  those  preserved  in 
the  Paper  Office  in  the  Cock-pit,  and  Part  II  with  those  preserved 
in  the  adjoining  department  of  the  so-called  "  Transmitter."  The 
former  of  these  contained  the  old  collection  of  State  Papers  pre- 
served before  1706  in  the  gateway  of  Whitehall,  and  the  latter  all 
the  Papers  which  had  accrued  since  that  date  together  with  some 
of  an  earlier  date  subsequently  transmitted  or  recovered.  Thus 
the  basis  of  the  present  classification  was  naturally  enough  an 
alphabetical  one,  with  a  chronological  arrangement  which  would 
enable  the  respective  contents  of  the  two  separate  collections  to  be 
easily  compared. 

At  the  same  time  this  general  plan  might,  with  great  advantage 
and  without  great  difficulty,  have  been  modified  in  accordance  with 
the  ancient  and  natural  division  of  the  State  Papers  into  a  Domestic 
and  a  Foreign  section.  Moreover  the  descriptions  of  the  individual 
sources  appear  to  be  singularly  unintelligent. 

These  defects  are  especially  noticeable  in  the  case  of  the  inventory 
of  the  old  collection,  in  which  a  number  of  new  headings  make  their 
appearance.  The  greater  part  of  these,  however,  will  be  found  to  refer 
not  to  the  actual  State  Papers  but  to  the  common-place  books  compiled 
and  bequeathed  by  Sir  Joseph  Williamson.  On  the  other  hand  the 
Papers  deposited  in  the  Transmitter's  Office  are  classified  here  with 
greater  precision,  and  these  are  divided  into  two  distinct  series  of 
Foreign  and  Domestic,  which  were  even  preserved  in  different  rooms. 
The  Treaties  are  also  distinguished  from  the  Foreign  Correspondence, 

'  John  Tucker,  who  succeeded  Williamson  in  1701,  stated  that  he  had  caused  a  catal(^e 
to  be  undertaken,  but  if  it  was  completed  it  does  not  appear  to  have  survivetl.  He  has  left 
several  drafts  for  a  classification  of  the  contents  of  the  Office  which  are  merely  expansions  of 
the  existing  scheme,  with  a  few  fanciful  suggestions  such  as  the  use  of  letters  to  represent 
the  different  headings. 

"  Report  of  the  Commissioners  on  the  Public  Records  (1800),  p.  68  seq, 

H.  S 


66  The  Classification  of  Archives 

and  there  is  a  further  heading  for  "  Whitehall,"  which  is  purely  local 
and  artificial.  The  sub-divisions  of  the  Domestic  section  are,  to  a 
large  extent,  based  on  those  of  the  17th  century  classification,  but 
some  new  headings  occur,  and  the  bulk  of  the  Colonial  Papers, 
including  those  connected  with  the  East  India  and  South  Sea 
Companies,  seem  to  have  been  preserved  in   this  departments 

In  the  1837  Report  we  find  still  further  improvements  effected  as 
the  result  of  the  official  labours  of  three  accomplished  Keepers. 

Several  general  descriptions  of  the  contents  of  the  Paper  Offices 
during  the  i8th  century  have  been  recorded  in  the  form  of  reports 
or  plans^ ;  but  with  the  exception  of  a  plan  of  the  interior  of  the  old 
office  in  the  Whitehall  gateway,  drawn  by  John  Tucker  about  the 
year  1705,  these  are  of  little  value  or  interest.  In  fact  the  further  we 
proceed,  after  leaving  the  original  classification  of  the  State  Papers  in 
the  17th  century,  the  more  unscientific  and  unmethodical  appear  the 
subsequent  attempts  in  this  direction  until  we  reach  the  reconstructed 
official  hand-lists  of  our  own  time.  The  modern  official  classification  of 
the  State  Papers  is  based  upon  a  List  of  the  collection  prepared  at  the 
office  in  St  James'  Park  between  the  years  1848  and  1862.  This  List 
was  printed  as  far  as  the  year  1688,  to  which  date  the  Papers  were 
then  open  to  inspection,  and  must  be  regarded  as  a  great  improve- 
ment on  the  inventories  of  the  17th  and  i8th  centuries.  Although 
the  sub-divisions  are  grouped  and  arranged  without  the  display  of 
much  intelligence,  the  natural  divisions  of  Domestic  and  Foreign 
Papers  are  clearly  indicated,  whilst  a  third  division  has  at  last  been 
made  for  the  Plantation  Papers  with  those  relating  to  Traded  With 
regard  to  the  Domestic  Papers,  the  political  and  chronological  ar- 
rangement is  still  further  developed,  and  two  familiar  headings  appear 
for  "  Various  "  and  "  Miscellaneous  "  Papers,  the  latter  containing  the 
bulk  of  Sir  Joseph  Williamson's  private  collection. 

The  Foreign  Letters  and  Papers  with  their  respective  Entry  Books 

^  These  headings  probably  refer  to  the  correspondence  of  the  Secretary  of  State's  depart- 
ment only.  The  Archives  of  the  East  India  Company  were  not  annexed  till  1857,  and  those 
of  the  South  Sea  Company  were  controlled  by  the  Treasury. 

2  S.  P.  Docts.  Vol.  II. 

^  The  Board  of  Trade  papers  were  transferred  to  the  State  Paper  Office  in  1842  by  order 
of  the  House  of  Lords,  but  this  is  no  reason  why  they  should  be  regarded  as  State  Papers. 
The  Records  of  the  Board  of  Trade  are  arranged  on  a  strictly  departmental  plan,  character- 
ised by  the  use  of  minutes  on  which  all  the  proceedings  of  the  commissioners  are  based,  and 
herein  they  differ  widely  from  State  Papers.  They  are  in  fact  analogous  to  the  Records  of 
the  Navy  and  Ordnance  Boards,  the  departmental  nature  of  which  has  been  fully  recognized. 
The  inclusion  of  the  Navy  Board  Records  in  the  Calendar  of  Domestic  State  Papers  has 
now  been  discontinued  for  this  reason. 


The  Classification  of  Archives  67 

are  arranged  under  the  countries  to  which  they  respectively  relate  and 
a  class  of  "  Various  "  is  formed  here  also  for  miscellaneous  documents 
and  official  compilations. 

The  contents  of  the  Colonial  series  are  only  indicated  by  general 
headings  since  the  Papers  were  in  course  of  arrangement,  and  there  is 
an  apparent  sub-division  between  the  East  and  West  Indies  which 
was  followed  in  the  official  Calendar. 

The  early  State  Papers  transmitted  from  the  ancient  Treasury  of 
the  Receipt  are  wisely  distinguished  as  Chapter  House  documents, 
but  in  many  instances  extraneous  matters  have  been  included  in 
the  general  series.  This  in  fact  is  the  chief  defect  of  the  whole 
arrangement,  the  several  series  of  State  Papers  proper  being  en- 
cumbered by  the  insertion  in  order  of  date  of  a  large  number  of 
irrelevant  MSS.  and  printed  books,  some  of  which  may  have  been 
inclosures  or  pieces  justificatives,  though  others  are  to  be  regarded  as 
casual  acquisitions.  Soon  after  the  transfer  of  the  great  State  Paper 
Office  collection  to  the  Public  Record  Office  in  the  year  1862,  a 
general  rearrangement  seems  to  have  taken  place,  which  resulted  in 
the  preparation  of  three  printed  Lists  between  the  years  1873  and 
1883.  These,  however,  were  only  issued  for  official  circulation  and 
for  the  use  of  students  frequenting  the  repository,  although  a  limited 
number  of  copies  are  in  the  possession  of  private  scholars  and  learned 
institutions.  Under  these  circumstances  a  detailed  description  of 
the  Lists  in  question  is  undesirable  owing  to  the  difficulty  of  verifi- 
cation. An  outline  of  the  scheme  of  classification  employed  will  be 
found  in  the  official  Guide  and  will  be  familiar  to  students  who  have 
consulted  these  Papers  during  the  last  thirty  years.  It  will  be  seen 
from  the  outline  referred  to  that  the  principle  of  this  arrangement 
is  a  proprietary  one,  the  Papers  being  here  regarded  as  the  earlier 
portion  of  the  respective  Records  of  the  Home,  Foreign  and  Colonial 
departments.  These  ancient  State  Papers  are  moreover  included 
in  a  general  alphabetical  arrangement,  and  in  many  cases  have  been 
transferred  to  a  subject-heading  or  departmental  section. 

The  latest  official  classification  of  the  State  Papers  is  contained  in 
a  list  published  in  1894  and  therefore  accessible  for  the  first  time 
to  historical  students.  In  respect  of  convenient  arrangement  and 
precision  this  excellent  production  leaves  little  to  be  desired.  Based 
upon  the  official  List  of  1873,  '^^  scope  is  necessarily  limited  to  the 
Domestic  State  Papers  prior  to  the  year  1782,  leaving  the  Foreign 
and  Colonial  Records  with  those  of  the  Board  of  Trade,  and  others 
which  were  originally  included  in  the  State  Paper  collection  to  be 

5— a 


68  'The  Classification  of  Archives 

dealt  with  as  departmental  Archives.  In  addition  to  its  lucidity  and 
accuracy,  this  final  list  of  the  State  Papers  possesses  the  further 
advantage  of  ignoring  most  of  the  useless  and  irrelevant  deposits 
with  which  the  earlier  schemes  of  classification  were  encumbered, 
these  being  now  relegated  to  classes  known  as  "  Domestic  Miscel- 
laneous "  and  "  Miscellaneous  State  Papers." 

Having  thus  traced  the  evolution  of  the  existing  official  classi- 
fication of  the  "  State  Papers  Domestic "  from  the  earliest  times,  it 
only  remains  for  us  to  consider  the  basis  of  a  theoretical  classification 
of  the  several  sources  which  at  one  time  or  another  have  been  and  to 
some  extent  are  still  regarded  and  referred  to  as  "  State  Papers." 

Such  a  classification  must  clearly  embrace  the  whole  series  of 
Papers  of  State  in  official  custody  between  certain  dates.  The  dates 
can,  however,  only  be  ascertained  in  virtue  of  a  general  agreement 
which  would  probably  recognize  the  period  between  the  beginning  of 
the  reign  of  Henry  VHI  and  the  year  1782  as  a  practicable  division 
between  the  era  of  ministerial  Records  on  the  one  side  and  the 
departmental  jurisdiction  of  the  Secretaries  of  State  on  the  other. 

It  will  be  necessary  also  to  distinguish  broadly  between  the 
several  classes  of  Papers  and  to  indicate  the  several  sub-divisions 
in  each  class  according  to  their  subject-matter.  It  might  also  be 
desirable  to  reject  certain  extraneous  materials  and  to  include  others 
which  must  be  sought  for  elsewhere,  but  this  is  not  a  matter  that  can 
be  regarded  as  within  the  scope  of  the  present  essay.  If  we  were  agreed 
as  to  the  principles  of  such  a  classification,  the  execution  of  its  details 
would  be  comparatively  easy.  It  can  scarcely  be  doubted  that  its  main 
divisions  should  be  those  hitherto  adopted,  namely  Domestic  and 
Foreign  State  Papers  with  the  addition  of  a  third  title  for  the  Colonial 
Papers  which  had  already  become  excrescences  in  the  Domestic 
series  before  the  creation  of  a  new  Secretariat  in  1768.  This  ar- 
rangement, moreover,  would  not  encroach  upon  the  departmental 
jurisdictions  of  the  modern  offices  of  state,  the  constitutional  origin 
of  which  cannot  be  placed  earlier  than   1782. 

It  is  true  that  the  Home  Office,  as  the  virtual  representative  of 
the  peculiar  constitutional  functions  of  the  dual  Secretariat  of  an 
earlier  time,  might  conceivably  claim  a  continuous  procedure  and 
nomenclature  in  respect  of  its  Records.  This  position  is,  indeed, 
indicated  by  the  fact  that  the  Royal  Warrant  has  continued  to  be 
issued  by  the  authority  of  the  Home  Secretary  whose  department 
is  still  the  proper  depository  of  all  Petitions  and  Addresses  to  the 
Crown.     It  is  clear,  however,  that  no  proprietary  title  can  be  based 


The  Classification  of  Archives  69 

upon  a  survivorship  which  has  not  been  recognized  in  respect  of 
the  official  custody  of  the  Foreign  and  Colonial  Records. 

It  may  therefore  be  fairly  assumed  that  the  State  Papers  at  large, 
previous  to  the  year  1782,  form  practically  a  common  source  which 
may  be  utilised  according  to  the  requirements  of  historical  study. 
Having  indicated  the  above  divisions  on  this  assumption,  the  sub- 
division must  chiefly  follow  a  chronological  sequence.  Thus  the 
inclusion  of  Scotland  prior  to  1603  amongst  the  State  Papers  Foreign 
is  just  as  correct  as  the  recognized  position  of  Hanover  in  the 
Domestic  series ;  but  we  should  perhaps  hesitate  to  place  the  corre- 
spondence of  Corsica  in  the  latter  category,  though  the  island  was 
for  a  time  formally  annexed  to  the  English  Crown.  In  any  case  the 
matter  is  of  no  moment  since  the  State  Papers  relating  to  Corsica 
were  long  ago  abstracted  and  now  probably  repose  in  some  family 
collection.  The  instance  is  only  given  as  an  illustration  of  a  reason- 
able procedure  to  be  adopted  in  like  cases. 

The  classes  of  Domestic  State  Papers  officially  described  as  State 
Papers  and  "  Addenda "  contain  the  large  collection  of  private  or 
semi-official  MSS.  which  has  been  brought  to  light  in  recent  years'. 
These  have  been  distinguished  from  the  "  Domestic  Miscellaneous," 
a  division  which  is  largely  composed  of  the  common-place  books  of 
Sir  Joseph  Williamson. 

To  some  extent  the  "  Miscellaneous "  class  of  the  Domestic, 
Foreign  and  Colonial  State  Papers  serves  to  include  the  abnormal 
forms  which  cannot  be  classified  with  any  recognized  series.  There 
are,  however,  certain  series  of  State  Papers  in  all  three  divisions 
which  appear  to  have  been  arbitrarily  included  in  the  general  col- 
lection, although  from  their  nature  they  should  have  been  originally 
placed  either  amongst  the  legal  or  with  the  departmental  Records. 
Thus  a  large  number  of  military  and  naval  despatches  are  to  be 
found  amongst  the  Foreign  and  Colonial  correspondence,  leaving  in 
many  cases  inconvenient  gaps  in  the  departmental  collections  of  the 
War  Office  and  Admiralty.  These  extraneous  documents  cannot  of 
course  be  now  excluded  from  any  list  of  State  Papers  proper,  but  the 
existence  and  character  of  such  a  class  may  be  usefully  noted  in  a 
structural  classification. 

In  addition  to  this  casual  inclusion  of  certain  Papers,  others  have 
been  removed,  for  some  cause  or  other,  from  their  true  position  and 
inserted  in  a  class  to  which  they  do  not  properly  belong  and  the 

*  Some  of  these,  e.g.  the  Cely,  Darrell,  Stonor  and  Johnson  Papers,  have  been  partly 
.  printed  or  described  in  private  publications. 


JO  The  Classification  of  Archives 

existence   of   such   delated    MSS.   may   be   indicated   in   the   same 
manner,     (Appendix  V  F.) 

The  remaining  heads  in  this  classification  require  no  explanation 
beyond  the  remark  that  although  only  a  fragmentary  collection  of 
Legation  Archives  previous  to  the  19th  century  exists  in  official 
custody,  this  class  is  well  represented  in  the  Departmental  Records 
of  a  later  period  and  must  therefore  be  included  here,  especially 
as  many  similar  collections  for  the  earlier  period  exist  in  private 
custody. 

{c)    Departmental  Records. 

A  satisfactory  classification  of  any  collection  of  official  documents 
must  depend  to  a  large  extent  upon  an  adequate  knowledge  of  their 
environment.  That  is  to  say  we  must  clearly  understand  both  for 
what  purposes  they  were  prepared  and  to  what  extent  they  have  been 
preserved  in  official  custody.  In  the  case  of  the  legal  Records  and 
State  Papers  we  have  to  do  with  collections  that  have  been  mainly 
preserved  in  such  custody  whilst  their  contemporary  relations  have 
been  exhaustively  described.  The  position  with  regard  to  these 
"  Departmental  Records  "  is,  however,  a  widely  different  one.  They 
have  in  many  cases  been  transferred  to  the  general  repository 
burdened  with  numerous  excrescences  in  the  shape  of  Commissions 
and  other  official  agencies  of  which  the  objects  and  procedure  are 
now  somewhat  obscure.  To  increase  the  confusion  caused  by  this 
obscurity,  some  portion  or  other  of  the  official  collections  of  ministerial 
correspondence  has  usually  failed  to  find  its  way  into  ofificial  custody. 
Again  it  must  be  remembered  that,  as  in  the  case  of  the  later  legal 
Records,  not  all  the  contents  of  the  departmental  Archives  are  of 
any  considerable  historical  interest.  It  is,  moreover,  well  known  that 
by  no  means  the  whole  of  the  collections  in  official  custody  is  avail- 
able for  the  purpose  of  research.  Indeed  it  would  be  found  that 
although  a  large  and  rapidly  increasing  proportion  of  these  Archives 
has  been  already  placed  on  the  same  footing  as  the  legal  Records 
and  the  early  State  Papers,  no  description  or  details  of  the  arrange- 
ment of  certain  series  has  yet  been  published.  It  will  be  evident 
therefore  that  our  knowledge  of  the  contents  of  such  collections, 
derived  from  various  summaries  printed  in  the  Deputy  Keeper's 
Reports  or  from  the  inventories  compiled  by  privileged  students, 
will  be  inadequate  for  the  purpose  of  a  proprietary  classification. 
At  the  same  time,  however,  it  may  not  be  difficult  to  suggest  the 


The  Classification  of  Archives  71 

main  outlines  of  their  internal  arrangement  on  a  structural  plan. 
In  fact,  in  some  respects,  these  official  documents  exhibit  a  greater 
regularity  and  consistency  in  point  of  diplomatic  construction  than 
the  more  important  series  of  the  State  Papers.  This  circumstance 
is  perhaps  due  to  the  formal  constitution  of  the  departmental  Boards 
whose  procedure  was  to  some  extent  modelled  upon  that  of  the 
Courts  of  Law^  Thus  we  have  as  a  characteristic  feature  of  the 
departmental  collections  such  well-defined  types  as  Letters,  Minutes 
and  Warrants,  together  with  a  number  of  subsidiary  and  miscel- 
laneous forms  which  are  not  altogether  unfamiliar  to  the  student  of 
mediaeval  Diplomatic. 

On  these  lines,  at  any  rate,  we  may  attempt  something  like  a 
comprehensive  arrangement  of  the  scattered  types  of  Departmental 
Records.  The  main  classification  must  necessarily  be,  as  far  as 
possible,  a  proprietary  one,  but  the  sub-divisions,  at  least,  may  follow 
a  structural  plan.  Moreover  this  arrangement  is  to  a  considerable 
extent  facilitated  by  the  independent  procedure  of  the  several  de- 
partments which  can  display  a  complete  series  of  oflficial  Records 
from  a  very  early  date.  Besides  these  regular  and  quasi-diplomatic 
forms  there  will  nevertheless  be  found  in  nearly  every  department 
other  Records  of  a  very  miscellaneous  nature.  These  may  be  either 
of  internal  or  external  origin  in  their  relations  with  the  department 
in  which  they  are  now  preserved.  Some  have  been  both  compiled 
and  kept  in  the  same  oflficial  custody  throughout.  Others  have  been 
merely  deposited  there  by  design  or  chance.  These  miscellaneous 
documents  certainly  remind  us  of  the  very  similar  types  found  in  the 
corresponding  class  of  the  legal  Records.  In  the  latter  case  they 
have  been  arranged  under  the  general  subject-headings  of  "  Pre- 
cedents" and  "Miscellaneous."  In  the  present  instance  they  might 
be  more  aptly  described  as  "Books  of  Reference"  and  "Miscellaneous," 
that  is  to  say  compilations  prepared  for  the  conduct  of  the  routine 
business  of  the  department  together  with  other  compilations  or 
original  documents  deposited  or  exhibited  for  official  information  or 
otherwise.  The  Miscellaneous  documents  here  referred  to  will  be  easily 
identified  by  the  mention  of  such  familiar  specimens  as  intercepted 

'  Although  a  regular  sequence  of  Records  may  be  looked  for  in  the  case  of  a  public 
Board  of  any  importance,  it  will  be  remembered  that  the  later  departments  of  the  .Secretaries 
of  State  for  Home,  Foreign  and  Colonial  affairs  continued  to  produce  State  Papers  of  a  very 
similar  character  to  the  earlier  series  so  styled.  Besides  these  important  exceptions,  severmi 
of  the  mixlcrn  departments  have  produced  no  Records  of  any  historical  value  though  they 
have  preserved  papers  of  great  interest  in  the  shape  of  deposits  or  returns  to  official  enquiries. 
The  Records  of  the  Charity,  Ecclesiastical,  and  Forfeited  Estates  Commissions  are  examples 
in  point 


72  The  Classification  of  Archives 

letters,  prize  papers  and  the  lapsed  collections  of  the  old  chartered 
companies  or  expired  royal  commissions. 

The  effect  of  a  structural  classification  of  these  Departmental 
Records  may  be  observed  in  another  direction.  The  normal  divisions 
indicated  by  the  titles  of  the  In-Letters,  Minutes,  Out-Letters  or  other 
proceedings  are  not  always  clearly  defined.  In  one  form  or  other 
they  can,  however,  be  distinguished  in  the  great  majority  of  cases. 
These  titles  then  may  be  conveniently  employed  to  indicate  certain 
forms  of  documents  which  possess  common  characteristics  in  respect 
of  their  construction,  whatever  the  nature  of  their  subject-matter  may 
be.  On  the  other  hand  the  great  classes  composed  of  "  Books  of 
Reference  "  and  "  Miscellaneous  "  can  only  be  arranged  according  to 
the  subject-matter  of  their  contents. 

In  another  direction  a  natural  grouping  of  the  chief  departments 
according  to  the  nature  of  their  official  business  may  be  easily  dis- 
cerned. One  such  group  will  comprise  the  Secretaryships  of  State. 
Another,  comprising  the  Treasury,  Exchequer  and  Audit  Ofifice, 
Paymaster  General's  Office,  Customs,  Inland  Revenue,  National  Debt 
Office,  Mint,  and  Woods  and  Forests  is  concerned  with  the  national 
finance.  The  Admiralty  and  War  Office  are  responsible  for  the 
national  defence,  whilst  the  royal  state  is  maintained  by  the  depart- 
ments of  the  Lord  Chamberlain,  Lord  Steward  and  the  Keeper  of 
the  Privy  Purse.  Modern  departmental  groups,  constituted  by  royal 
commissions  or  evolved  from  ancient  committees  of  the  Privy  Council, 
are  charged  with  the  care  of  the  nation's  interests  in  respect  of  trade 
and  agriculture,  local  government,  public  works,  education,  and  eccle- 
siastical or  charitable  endowments.  That  the  nature  of  this  official 
business  should  determine  the  form  of  certain  Records  of  the  indi- 
vidual departments  is  therefore  not  at  all  surprising.  The  large  and 
important  class  of  Books  of  Reference  which  forms  one  of  the  two 
remaining  divisions  of  the  Departmental  Records  is  in  fact  largely 
composed  of  various  familiar  types,  the  form  and  subject-matter  of 
which  are  sufficiently  indicated  by  their  titles ^  To  these,  however, 
must  be  added  many  other  Records  the  nature  of  which  is  by  no 
means  clearly  expressed  by  this  official  nomenclature^  The  fact 
that  a  considerable  proportion  of  these  official  compilations  can  thus 
be  assigned  to  their  appropriate  subjects,  or  even  to  their  respective 
departments  from  their  titles  alone  may  certainly  be  utilised  for  the 
purpose  of  a  structural   classification.     Thus    one  class    of  Depart- 

1  «.^.  "  Registers,"  "Journals,"  "Lists,"  "Returns,"  "Ledgers,"  &c. 
^  e.g.    "  Pay- Books,"    "  Log- Books,"    "  Muster- Rolls,"    "  Bill- Books,"   "  Cash-Books," 
"Estimates,"  "Establishments,"  "Debentures,"  and  many  others. 


The  Classification  of  Archives  73 

mental  Records  will  refer  to  the  Pay,  Pensions,  Salaries,  &c.  of 
persons  employed  by  the  State,  and  another  to  their  Appointments 
or  Services.  The  Revenue  Records  form  a  separate  group,  whilst 
near  to  these  come  the  Inventories,  Prices  and  Surveys  connected 
with  public  works  and  stores.  At  the  bottom  of  the  scale  we  find 
a  certain  number  of  common-place  books,  together  with  a  great  mass 
of  semi-official  correspondence. 

On  the  other  hand,  many  of  the  miscellaneous  Departmental 
Records,  which  are  not  official  compilations  at  all,  admit  of  no  such 
presumptive  method  of  classification.  These,  as  we  have  seen,  consist 
for  the  most  part  of  Deposits  or  Exhibits  relating  to  matters  outside 
the  routine  work  of  the  departments  As  in  the  case  of  similar 
collections  amongst  the  legal  Records  and  State  Papers  these  docu- 
ments must  constitute  the  most  remote  class  of  the  Departmental 
Records.  Moreover  it  must  not  be  forgotten  that  the  muniments  of 
dissolved  corporations,  which  form  an  important  section  of  this  class, 
are  based  upon  the  practice  of  the  merchant's  counting-house  rather 
than  upon  the  ancient  procedure  of  the  royal  courts,  and  the  corre- 
spondence preserved  in  the  same  quarter  is  chiefly  of  a  private  and 
familiar  character. 

From  the  above  brief  examination  of  the  theory  on  which  the 
student  may  proceed  for  the  purpose  of  a  scientific  classification  of  the 
Departmental  Records,  it  will  be  evident  that,  in  spite  of  the  survival 
of  certain  regular  types  and  a  notoriously  conservative  procedure,  the 
existing  contents  of  the  departmental  Archives  are  so  over-laden  with 
adventitious  forms  and  confused  wreckage  that  nothing  like  a  com- 
prehensive or  detailed  reconstruction  can  be  attempted  until  the 
elucidation  of  the  origin  and  devolution  of  these  historical  sources  is 
accomplished.  At  present  therefore  the  old  proprietary  classification, 
with  its  subject-headings,  must  suffice  for  the  purpose  of  our  studies. 

Apart  from  this  theoretical  classification,  further  reference  must 
be  made  to  an  artificial  arrangement  which  has  to  some  extent 
superseded  the  usual  method  of  sub-division  in  the  case  of  certain 
departmental  collections.  Here  the  whole  contents  of  each  collection 
are  arranged  under  subject-headings  in  alphabetical  order  without 
any  indication  of  their  relative  structural  nature.  This  device  which 
is   characteristic   of  the   more   recent   collections   may  perhaps   be 

'  It  is  true  that  ships'  "Logs"  and  naval  or  military  "  Muster- Rolls"  are  actually 
vouchers  required  in  connexion  with  the  payment  of  salaries  or  provision  of  stores,  and 
their  classification  as  "  Books  of  Reference  "  is  rather  due  to  their  official  use  than  to  their 
actual  form.  It  must  \x.  remembered,  however,  that  the  logs  of  merchant  vessels,  though 
not  preserved  in  official  custody  before  the  Act  of  57—58  Vic.  c-  60,  have  always  enjoyed  a 
prescriptive  authority. 


74  The  Classification  of  Archives 

regarded  as  an  attempt  to  dispense  with  the  primary  grouping  of 
documents  as  Letters,  Minutes  and  the  rest  in  favour  of  a  mere 
alphabetical  order  which  might  be  more  properly  regarded,  like  the 
chronological  order  of  the  documents,  as  a  purely  subsidiary  arrange- 
ment. That  this  system,  which  presents  persons,  places  and  subjects 
in  common  with  the  diplomatic  descriptions  of  the  documents,  is 
wholly  unintelligent,  goes  without  saying.  Unfortunately  it  is  to  a 
great  extent  inevitable  owing  to  the  existing  lettering  of  the  several 
series,  which  dates  from  a  period  when  the  Isle  of  Wight  used  to  be 
indexed  under  I  and  the  Duke  of  Wellington  under  D.  In  such 
cases,  however,  something  can  be  done  in  the  direction  of  a  scientific 
classification  by  means  of  cross-references. 

It  is  notorious  that  in  every  State  a  modern  innovation  bids 
fair  to  alter  the  general  aspect  of  the  Departmental  Records  of  the 
future.  Here  instead  of  separate  series  of  Letters,  Letter-Books, 
Minutes,  and  so  forth,  the  original  or  In-Letter,  with  all  proceedings 
taken  upon  it,  is  preserved  in  the  shape  of  a  File  of  loose  papers, 
classified  under  a  serial  number,  and  referred  to  by  means  of  a 
Register.  Herein  we  may  observe  an  interesting  return  to  the  well- 
known  practice  of  the  mediaeval  repositories  as  illustrated  in  the 
official  "  Kalendars "  of  the  period,  registration  by  a  serial  number 
being  merely  substituted  for  a  cypher  or  pictorial  design,  and  the 
more  convenient  file^  for  a  hamper  or  deer-skin  pouch. 

The  latest  system  of  official  classification,  as  indicated  by  the 
published  "  List  of  Admiralty  Records,"  may  be  regarded  as  the 
antithesis  of  an  alphabetical  and  structural  classification  alike.  Here 
certain  Records  formerly  compiled  or  preserved  in  an  ancient  depart- 
ment are  officially  ascribed  to  the  modern  representative  of  that 
department.  Under  this  proprietary  heading  they  are  arranged  in 
the  following  classes :  In-Letters,  Out-Letters,  Minutes,  Accounts, 
Registers  and  Miscellanea;  every  species  of  Record  that  is  not  assign- 
able to  one  or  other  of  the  first  four  classes  being  relegated  to  one 
or  other  of  the  last  two  classes.  The  above  arrangement  naturally 
simplifies  the  difficult  task  of  discovering  the  exact  official  position 
of  many  subsidiary  classes  of  these  Records,  whilst  it  must  greatly 
facilitate  their  production.  From  a  historical  and  archaeological 
point  of  view,  however,  the  new  system  of  classification  naturally 
possesses  less  interest  for  the  student. 

^  The  term  "pouch"  is  curiously  enough  still  retained  in  this  connexion  for  the  modern 
box  in  which  departmental  papers  are  filed  (cf.  D.  K.  56th  and  following  Reports  s.t. 
"Transfers"). 


THE   ANALYSIS   OF   ARCHIVES. 


(a)    Records. 

It  is  fortunately  unnecessary  in  the  present  day  to  demonstrate 
the  value  of  the  legal  Records  as  materials  for  the  making  of  History. 
The  fact  is  one  that  has  been  frequently  enlarged  upon  and  its 
importance  is  a  commonplace  to  every  modern  student.  Indeed 
it  is  not  obvious  from  what  other  source  the  history  of  the  latter  part 
of  the  Middle  Ages  could  be  satisfactorily  compiled.  For  the  earlier 
period  we  have,  in  default  of  Records,  the  familiar  chronicles  and 
treatises  of  which  the  best  examples  actually  embody  the  evidence 
of  Records  and  State  Papers  which  have  long  since  perished.  But 
with  the  systematic  preservation  of  State  Archives  the  mediaeval 
chronicler  falls  into  the  background,  whilst  from  the  middle  of  the 
14th  century  his  very  art  undergoes  a  rapid  deterioration.  Probably 
this  great  change  in  the  nature  of  our  historical  evidence  mattered 
little  so  long  as  the  conception  of  History  itself  was  confined  to  the 
patriotic  legends  and  past  politics  which  formed  the  staple  of  the 
historian's  craft  in  the  later  Georgian  and  early  Victorian  periods. 
All  this  was  changed  when  the  value  of  Economic  and  Local  History 
was  clearly  recognized,  and  especially  when  archaeology  and  kindred 
studies  could  give  a  learned  distinction  to  historical  science. 

For  the  use  to  which  these  Records  may  be  put  is  plain  enough. 
They  are  contemporary  legal  and  impartial  evidence,  and  moreover 
they  possess  the  charm  of  rarity  and  literary  quaintness  in  addition 
to  their  unimpeachable  authority.  They  fortify  the  text  in  the  shape 
of  footnotes  and  they  will  furnish  forth  a  whole  Appendix  to  clinch  a 
weighty  argument. 

It  is  not  surprising  therefore  that  the  national  Archives  should 
have  become  the  favourite  prospecting  ground  of  the  historical 
searcher.  And  in  truth  the  repository  of  Records  is  a  mine  of 
information  from  which  the  whole  body  of  workers  may  take  their 
profit.     Here  the  lawyer,  the   antiquary  and  the  archaeologist  can 


76  The  Analysis  of  Archives 

labour  side  by  side  with  the  topographer,  the  genealogist,  the  biographer, 
the  philologist,  the  economist  and  the  palaeographer.  Some  one  or 
other  of  the  auxiliary  branches  of  History  will  find  employment 
also  for  the  numismatist,  the  sigillographer,  the  statistician  and  the 
chronologist  The  professed  historian  indeed  is  seldom  to  be  found 
in  the  ante-rooms  of  Archives  but  his  place  is  taken  by  the  specialist 
in  the  details  of  the  institutional  history  of  the  nation,  its  naval  and 
military  achievements,  the  making  of  its  supremacy  in  trade  and  of  its 
colonial  empire,  its  social  and  religious  and  its  local  life  and  intellectual 
progress.  These  specialists,  we  are  told,  are  the  journeymen  of  history 
whose  individual  labour  supplies  the  materials  for  the  master's  art, 
which  knows  both  what  to  use  and  what  to  neglect  in  this  great  heap 
of  matter,  what  is  pure  metal  and  what  is  dross,  and  how  the  gold 
shall  be  refined  and  assayed  by  the  tests  of  criticism  and  then  made 
current  by  the  impress  of  his  genius. 

But  there  is  one  consideration  that  we  must  keep  in  view  if  we 
would  work  this  mine  to  the  best  advantage.  The  source  is  practically 
inexhaustible,  but  it  by  no  means  follows  that  it  will  supply  exhaustive 
materials  for  any  given  subject  of  historical  enquiry^  There  are  some 
indeed  for  which  it  will  prove  wholly  sterile,  whilst,  for  many  others, 
important  materials  will  be  found  elsewhere.  In  the  case  of  early 
Diplomatic  Documents,  as  in  that  of  later  State  Papers,  the  public 
Archives  are,  in  fact,  a  secondary  source.  For  the  history  of 
corporations  and  the  biography  of  unofficial  persons  they  would 
naturally  be  regarded  as  a  source  comparatively  remote.  Again 
a  Record,  even  when  the  mere  ability  to  read  it  is  presumed, 
cannot  be  regarded,  like  a  printed  book,  as  a  simple  unit  amongst 
the  materials  of  history.  Its  evidence  is  seldom  self-contained  and 
may  easily  lead  the  student  from  one  class  of  documents  to  another^ 
Moreover  the  subject  itself  cannot  always  be  sharply  distinguished 
and  cross-references  to  cognate  subjects  must  be  allowed  for.  This, 
indeed,  is  no  more  than  we  are  accustomed  to  find  in  a  scientific 
bibliography;  but  there  we  are  not  hampered  by  a  complex  classifica- 
tion and  terminology. 

The  morphology  of  books,  which  has  such  interest  for  the 
bibliophile,  need  not  distract  the  attention  of  the  student.     To  him 

1  Compilations  like  those  by  E.  Edwards  {Synoptical  Table)  and  C.  P.  Cooper  [Account  of 
the  Public  Records)  are  now  entirely  superseded  by  the  official  Guide. 

^  Thus  the  great  historian  of  the  Exchequer  was  ignorant  of  the  existence  of  the  long 
series  of  Records  of  the  Receipt  which  can  now  be  dated  back  to  the  reign  of  Henry  II, 
these  being  deposited  in  a  department  to  which  he  had  no  facilities  of  access.  Cf.  Devon, 
Issues  of  the  Exchequer,  Vol.  i,  Preface. 


The  Analysis  of  Archives  yy 

it  is  all  one  if  the  printed  text  be  in  folio  or  duodecimo,  '  Gothic  letter ' 
or  '  roman  letter,'  so  that  the  edition  is  the  right  one ;  but  in  the  case  of 
the  Record  the  distinction  between  a  volume  and  a  bundle,  a  roll 
and  a  file,  a  membrane  and  a  folio,  may  prove  of  real  importance. 

Some  knowledge  of  these  technicalities  must  therefore  be  regarded 
as  indispensable,  and  to  this  must  be  added  an  acquaintance  with  the 
general  principles  which  govern  the  official  classification  of  Records. 

This,  perhaps,  is  not  a  task  that  will  present  many  difficulties 
to  an  intelligent  student,  if  he  regards  the  subject,  in  both  cases,  from 
a  scientific  point  of  view.  On  the  one  hand  we  have  the  legal 
Records  arranged  under  the  four  great  courts  of  law  and  several 
minor  tribunals;  on  the  other  the  various  subjects  of  historical 
interest  with  which  we  are  concerned.  Here  are  the  Charters,  Deeds, 
Writs,  Patents,  Confirmations,  Exemplifications,  Privy  Seals,  Warrants, 
Inquisitions  and  Returns,  Surveys,  Extents,  Rentals  and  Accounts, 
the  Pleadings,  Judgments,  Decrees  and  Sentences,  the  Bills  and 
Answers,  Interrogatories  and  Depositions,  Indictments,  Estreats, 
Bails  and  Essoins,  the  Memoranda,  Precedents  and  Miscellanea  of 
the  several  courts  in  the  actual  forms  of  Rolls,  Registers,  Books, 
Docquets,  Volumes,  Bundles,  Files,  Bags  and  Boxes ;  there  are  the 
names,  dates,  events,  institutions,  arts  and  crafts,  manners  and  customs, 
health  and  wealth,  religion  and  politics  of  the  national  history  which 
may  be  verified  or  explained  by  the  evidence  of  Records. 

It  may  be  suggested  that,  for  the  purpose  of  an  exact  survey 
of  these  extensive  sources,  a  scientific  definition  and  grouping  of 
historical  subjects  should  first  be  undertaken.  Unfortunately  in  this 
country  at  least  the  study  of  Historical  Method  is  still  in  its  infancy 
and  no  recognized  terminology  or  classification  is  available  for  this 
purpose.  Nevertheless  the  main  features  of  such  an  arrangement 
can  be  distinguished  without  much  difficulty. 

Under  the  heading  of  History  proper,  we  should  include  the 
several  departments  of  Political,  Constitutional,  Economic  and  Social, 
Ecclesiastical  and  Local  History.  Then  come  the  "auxiliary  studies  " 
of  History,  including  Geography,  Law,  Philology,  Palaeography  and 
Diplomatic,  Biology  and  Archaeology. 

To  one  or  other  of  these  main  divisions  every  conceivable  subject 
of  legitimate  historical  enquiry  may  presumably  be  relegated.  The 
arrangement  indeed  is  purely  artificial  and  its  value  is  chiefly  scientific, 
for  most  of  the  subjects  of  historical  enquiry  with  which  we  are  really 
concerned  have  a  separate  and  an  independent  position  in  relation  to 
the  Archives.     To  a  student  of  the  national  Taxation,  for  example. 


78  The  Analysis  of  Archives 

this  title  forms  a  sufficient  catch-word  without  the  further  consideration 
that  the  subject  concerns,  from  a  different  aspect,  each  of  the 
departments  of  History  that  have  been  indicated  above.  It  might 
suffice,  therefore,  to  consult  the  several  sources  for  this  subject 
without  paying  any  regard  to  a  detailed  classification  of  the  subject 
itself  Moreover  these  sources  could  doubtless  be  distinguished  in 
the  well-known  official  Guide  which  furnishes  us  with  such  suggestive 
headings  as  "  Exchequer,"  "  Revenue,"  "  Subsidies,"  "  Accounts," 
"  Customs  and  Excise,"  and  surveys  the  whole  subject  in  an  admir- 
able article  under  this  very  heading  of  "  Taxation." 

This  is  sufficiently  plain;  but  we  should  not  overlook  the  fact 
that  the  student  of  the  future  must  be,  if  he  is  not  already,  a  specialist, 
whose  chosen  subject,  though  of  limited  extent,  would  demand  the 
closest  survey  of  all  cognate  sources.  Such  an  examination  would 
certainly  be  assisted  by  the  existence  of  some  recognized  classification 
of  historical  subjects  such  as  has  been  suggested  above.  For  whereas 
the  hi.story  of  Taxation  alone  might  be  regarded  as  a  purely  con- 
stitutional question,  it  is  one  which  concerns  also  in  a  special  degree 
more  than  one  of  the  other  divisions  of  historical  study.  In  each  of 
these,  which  would  include  Economic,  Ecclesiastical  and  Local  History, 
valuable  sources  of  information  would  occur  in  a  particular  connexion; 
whilst,  even  from  the  standpoint  of  the  constitutional  historian,  many 
new  subject-headings  would  be  suggested  for  the  purpose  of  supple- 
menting those  which  we  might  reasonably  expect  to  find  in  an 
official  catalogue. 

But  something  still  remains  to  be  done  in  another  direction 
where  as  yet  the  historian  is  compelled  to  ask  or  feel  his  way  through 
the  vast  labyrinth  of  the  public  Records.  The  preparation  of  a 
classified  list  of  memoranda  for  a  monograph  or  thesis  is  a  task 
which  he  can  probably  accomplish  best  unaided,  but  to  connect  these 
subjects  with  their  appropriate  sources  must  put  a  heavy  strain  on 
his  limited  experience.  The  subjects  of  his  choice  are  ready  to  hand, 
but  the  sources  have  yet  to  be  ascertained,  and  to  make  an  exhaustive 
scrutiny  of  the  whole  corpus  some  inductive  method  will  be  followed 
with  advantage. 

It  is  here  that  use  might  be  found  for  a  scientific  classification 
of  subjects  and  sources  in  the  shape  of  reference-forms  resembling 
the  specimen  printed  in  an  Appendix.  In  these  tables  besides  the 
columns  used  to  denote  the  structural  and  historical  classification  of 
the  subjects  and  sources  respectively,  others  serve  to  indicate  the 
printed  references  and  parallel  MSS.  connected  with  the  subject  as 


The  Analysis  of  Archives  79 

well  as  the  reference  to  the  official  source  and  its  diplomatic  description. 
The  form  of  such  a  table,  however,  could  easily  be  modified  to  suit 
individual  requirements,  and  indeed  some  such  method  is  already 
extensively  used  by  continental  students.  The  specimen  form  given 
below  was  used  by  the  present  writer  for  the  purpose  of  special 
research  which  has  been  effectually  supplemented  and  developed  by 
more  competent  workers^ 

But  there  is  still  another  method  of  investigation  within  reach 
of  every  student  who  is  not  solely  concerned  with  a  particular  subject 
of  historical  investigation.  It  is  not  too  much  to  say  that  an 
intelligent  use  of  lists  and  indexes  of  Records  forms  the  most 
effective  method  of  present-day  research.  It  may  be  that  the  energy 
and  resourcefulness  of  individual  workers  is  stimulated  to  a  large 
extent  by  the  difficulties  under  which  they  labour.  A  mere  sprinkling 
of  printed  texts  of  very  unequal  merit,  a  considerable  but  unevenly 
distributed  series  of  Calendars  of  recognized  merit,  a  shelf  of 
invaluable  Indexes  and  another  of  equally  indispensable  Lists,  with 
the  usual  medley  of  obsolete  or  temporary  inventories  that  are  to 
be  found  in  the  Archives  of  every  country,  completes  the  student's 
equipment.  Besides  these  he  is  fortified  with  the  aes  triplex  of  the 
official  Guide;  but  it  can  scarcely  be  said  that  he  is  armed  cap  a  pi^ 
for  his  assault  upon  the  Records. 

For  a  long  time  past  foreign  experts  have  been  accustomed  to 
insist  that  a  complete  inventory  of  Archives,  however  summary,  is 
essential  for  the  successful  pursuit  of  these  investigations.  This  remote 
ideal  has  become  an  immediate  desideratum  and  to  this  one  pressing 
need  all  other  considerations  will  everywhere  be  subordinated  in  our 
own  time.  Meanwhile  much  may  be  effected  by  individual  enterprise. 
Already  local  historians  and  genealogists  have  begun  to  learn  the 
lesson  of  self-help,  and  the  official  series  of  Record  Indexes  has  been 
supplemented  by  many  monographs,  the  value  of  which  has  received 
an  official  recognition.  It  is  now  the  turn  of  the  general  historian  to 
provide  himself  with  some  of  those  much-needed  compilations  which 
the  industry  of  early  scholars  was  unable  to  compass  owing  to  the 
scattered  state  of  the  Archives  of  their  own  day. 

*  Appendix  vii.  This  form  was  used  for  the  purpose  of  investigating  the  subject  in 
question  in  connexion  with  an  edition  of  the  Red  Book  of  the  Exchequer  (Rolls  Series, 
Vol.  in.  Preface,  p.  cccxv  sq.),  an  investigation  which  le<l  to  the  suggestion  of  an  edition  of 
the  Flea  Rolls  relating  to  the  trial  of  the  Edwardian  judges  (1289 — 91)  which  has  recently 
l)een  producetl  by  Professor  Tout  and  Miss  Hilda  Johnstone  (A*.  Hist.  Soe.  Camden  (3rd 
Ser.)  Vol.  X.),  to  whom  the  present  writer  is  indebted  for  permission  to  reproduce  the  result* 
of  their  valuable  researclies. 


8o  The  Analysis  of  Archives 

We  shall  see^  that  the  "  Index  "  and  "  List "  of  Records  must  be 
carefully  distinguished  from  the  well-known  "  Calendar,"  whilst  each 
type  also  fulfils  a  distinct  purpose.  The  main  object  of  the  List  is  to 
afford  a  general  indication  of  the  nature,  date  and  position  of  the 
scattered  sources,  and  that  of  the  Index  is  to  furnish  information 
respecting  the  contents  of  single  collections,  or  to  serve  as  a  table  of 
contents  in  the  case  of  a  single  MS.  which  contains  a  number  of  diverse 
entries^.  It  will  be  apparent,  therefore,  that  whilst  the  preparation 
of  Lists  or  inventories  of  Archives  is  ostensibly  the  business  of 
archivists,  the  compilation  of  Indexes,  like  the  preparation  of  Calendars 
or  the  transcription  of  texts,  is  a  matter  which  chiefly  concerns  the 
historical  student. 

It  would  be  a  mistake  to  suppose  however  that  these  adventitious 
aids  will  enable  the  most  diligent  or  ingenious  student  to  dispense 
with  the  assistance  of  the  official  Guide  with  its  admirably  precise 
and  technical  survey  of  the  legal  Records.  A  future  generation  may 
evolve  a  more  ponderous  hand-book,  or  its  learned  editor  may  even 
be  enabled,  by  further  reconstructions  of  the  Archives,  to  improve 
upon  its  plan  in  future  editions,  but  for  the  time  being  it  stands 
absolutely  alone  in  its  importance. 

The  object  of  the  present  essay  is  merely  to  prepare  the  historical 
student  to  utilise  the  contents  of  this  vast  thesaurus  for  his  own 
purposes;  but  in  making  his  selection  of  a  subject  he  might  also 
incidentally  contribute  to  the  elucidation  of  individual  sources.  In 
more  than  one  instance  it  would  be  possible  to  supplement  our 
existing  sources  by  the  collection  of  related  documents  now  scattered 
by  the  caprice  of  a  former  official  custody  amongst  several  distinct 
classes  of  Records.  For  example,  students  of  Constitutional  and 
Economic  History  alike  would  find  their  account  in  a  complete  table 
of  the  royal  inquisitions  which  form  notable  land-marks  in  the  history 
of  the  administrative  and  fiscal  system  of  this  country  from  the 
Conquest  to  the  Commonwealth,  A  large  proportion  of  these  inquests 
have  been  published  or  described  in  several  places,  but  much  remains 
to  be  known  concerning  their  origin  and  purpose,  and  the  Records 
themselves  are  by  no  means  easily  accessible.  Some  are  entered  in 
famous  registers  and  the  originals  are  here  and  there  preserved  in 
their  contemporary  form  or  in  that  of  an   intermediate  enrolment. 

^  Cf.  below,  p.  1 06. 

^  e.g.  Precedent  Books,  such  as  the  well-known  "Books  of  Remembrance"  and  the 
"Miscellaneous  Books"  of  the  Chancery,  Exchequer  and  Augmentation  Office.  Even  in 
the  mediaeval  period  such  registers  were  frequently  furnished  with  a  table  of  contents. 


The  Analysis  of  Archives  8i 

Others  again  exist  only  in  the  shape  of  returns  to  original  writs  of 
several  kinds.  Many  are  to  be  found  in  the  Miscellanea  of  the 
Exchequer  and  the  remainder  are  distributed  amongst  the  records 
of  the  Chancery  and  other  courts. 

Another  profitable  piece  of  reconstruction  might  be  found  in  the 
case  of  the  vast  accumulations  of  "  Exhibits  "  and  "  Deposits  "  which 
are  now  included  in  the  proprietary  arrangement  of  the  legal  Records. 
These  documents  which,  as  we  have  seen,  properly  form  an  independent 
class  can  scarcely  be  adequately  appreciated  until  they  have  been 
thoroughly  sifted  by  a  diplomatic  process. 

The  subject  of  the  manorial  economy  would  make  still  larger 
demands  upon  the  student's  industry;  but  it  is  one  which  stands  in 
special  need  of  illustration  from  Records,  and  the  appropriate  sources, 
which  are  frequently  buried  in  some  remote  series,  can  only  be 
distinguished  by  an  investigator  trained  in  this  department  of 
Economic  History.  Again,  thanks  to  the  provision  of  calendars  and 
texts  made  by  official  authority  at  several  dates,  or  by  private 
enterprise,  a  complete  table  of  existing  Royal  Charters  might  now 
be  compiled  by  the  cooperation  of  many  willing  hands  under  the 
direction  of  a  few  experts.  Another  much-needed  list  of  Early 
State  Trials  should  also  take  a  chronological  form.  It  would  be 
difficult  to  over-estimate  the  value  of  such  a  list  to  the  Political 
historian,  who  would  thereby  be  enabled  to  ascertain  the  nature  and 
extent  of  the  proceedings  of  the  various  tribunals  at  a  given  date; 
for  the  political  significance  of  these  proceedings  can  scarcely  be 
distinguished  in  an  ordinary  class  list. 

But  it  is  not  enough  merely  to  identify  and  note  these  scattered 
evidences.  It  is  also  necessary  to  comprehend  the  relationship  of  the 
principal  and  subsidiary  documents  with  their  cognate  sources  if  we 
would  truly  understand  the  workings  of  the  whole  system  of  our 
institutions.  There  is  no  more  striking  instance  of  our  haphazard 
methods  of  research  than  the  general  disregard  of  the  importance 
of  these  relations  which  prevails  amongst  highly  intelligent  workers 
in  the  field  of  Records.  Except  in  a  few  familiar  instances,  such  as  the 
procedure  in  ecclesiastical  elections  and  the  issue  of  Letters  Patent, 
the  sequence  of  the  several  instruments  in  common  use  as  historical 
sources  is  either  not  understood  or  else  insufficiently  appreciated. 
In  the  case  of  such  historical  documents  as  the  Hundred  Rolls  and 
their  satellites  this  neglect  may  have  somewhat  serious  consequences'; 
but  apart  from   isolated  researches,  it  would   be   very  desirable   to 

>  Cf.  Fart  II. 

H.  6 


82  The  Analysis  of  Archives 

ascertain  the  relationship  of  any  series  of  Records  to  which  we  may 
have  occasion  to  refer.  For  this  purpose  no  possible  experiment 
could  be  more  instructive  than  the  reconstruction  of  the  actual 
machinery  of  the  central  and  local  government  of  this  country  in  a 
given  year  by  the  arrangement  and  publication,  in  full  or  in  part, 
of  the  contemporary  Records.  The  business  and  policy  of  the  Court, 
as  illustrated  by  the  documents  of  the  Chancery  or  Wardrobe,  the 
procedure  of  the  Judicature,  the  system  of  the  Exchequer,  the 
relations  with  the  Church,  and  the  conditions  of  the  agricultural  and 
industrial  communities,  could  be  more  clearly  realized  from  such  an 
exposition  than  from  numerous  editions  of  progressive  excerpts.  It 
is  possible,  for  example,  to  study  the  fiscal  .system  of  the  mediaeval 
kingdom  in  many  learned  works  illustrated  by  copious  references  to 
contemporary  treatises  and  to  Record  texts  without  acquiring  more 
than  the  most  superficial  knowledge  of  the  subject.  To  obtain  a 
fuller  perception  of  the  system  employed  during  more  than  seven 
centuries,  some  such  work  of  reconstruction  would  have  to  be 
attempted.  Moreover  the  practice  of  official  book-keeping  has  varied 
from  one  generation  to  another.  There  are  of  course  many  other 
points  connected  with  the  contents  of  the  historical  Records  on  which 
we  could  wish  more  light  to  be  thrown.  Some  of  these,  however, 
concern  the  archivist  rather  than  the  student,  and  for  the  present  we 
are  dealing  only  with  the  elements  of  Record-searching  as  it  may 
be  practised  by  the  laity.  The  time  however  may  be  near  at  hand 
when  some  immediate  difficulties  will  have  to  be  faced  by  students 
concerned  with  the  study  of  institutional  problems  which  still  remain 
unsolved  for  lack  not  of  ability  or  industry,  but  of  that  resourcefulness 
which  is  such  a  noticeable  result  of  the  training  afforded  by  other 
countries. 

{b)     State  Papers. 

It  will  have  been  gathered  from  the  preceding  account  of  the 
custody  and  classification  of  the  State  Papers  of  this  country  that  their 
position  as  a  historical  source  is  quite  exceptional.  The  earlier  series 
of  official  documents  are  perhaps  still  best  known  to  us  from  a  few  worth- 
less texts  and  imperfect  Indexes  published  in  the  dark  days  of  Record 
scholarship  and  from  the  admirable  Lists  and  Calendars  prepared 
under  a  new  regime.  The  post-mediaeval  series  of  the  legal  Records, 
together  with  the  modern  series  of  Departmental  Records,  are  however 
almost  wholly  destitute  of  any  detailed  Lists  or  Calendars  that  can 


The  Analysis  of  Archives  83 

be  conveniently  consulted  by  historical  students^  In  striking  contrast 
to  both  the  mediaeval  and  the  modern  series,  the  intervening  group  of 
"  Records  and  Papers  of  State  "  has  been  almost  completely  described 
in  the  elaborate  official  Calendars  above  referred  to.  The  value  of 
this  unusual  assistance  is  still  further  enhanced  by  the  circumstance 
that,  during  the  era  of  personal  monarchy,  the  new  administrative 
department  of  the  Secretaries  of  State  supplies  our  chief  information 
regarding  the  political  and  social  life  of  the  nation,  superseding 
herein  the  functions  of  the  Courts  of  Law  whose  Records  henceforth 
become  of  secondary  interest. 

It  is  scarcely  to  be  wondered,  then,  if  students  of  History  have 
come  to  regard  the  State  Papers  as  the  all-important  source  of  in- 
formation for  the  i6th  and  17th  centuries,  and  this  being  the  case 
that  they  have  also  regarded  the  printed  Calendars  as  the  equivalent 
of  the  Papers  themselves. 

This  indeed  is  the  process  of  research  which  is  followed  in  almost 
every  instance,  and  its  convenience  will  be  as  obvious  as  the  fact  that 
it  is  not  at  the  same  time  either  exhaustive  or  conclusive.  So  long, 
however,  as  we  are  not  required  to  look  beyond  the  pages  of  the 
printed  Calendars  there  will  be  little  difficulty  in  supplying  our  needs 
from  this  single  source.  It  would  even  be  superfluous  to  suggest 
headings  for  a  reference  list  of  subject-matters  which  every  student 
can  compile  for  himself  from  the  ample  Indexes  to  these  volumes. 
But  the  specialist  who  is  concerned  with  the  intricacies  of  some 
political,  constitutional,  or  economic  problem  cannot  afford  to  take 
matters  quite  so  easily.  Even  the  general  historian  does  not  accept 
everything  that  he  finds  in  a  printed  text.  Moreover  apart  from  the 
occasional  necessity  for  further  investigation,  an  enquiring  mind  would 
naturally  wish  to  know  what  these  State  Papers  are,  under  what  con- 
ditions they  were  written,  received,  and  preserved  in  official  custody, 
and  what  relationship  each  series  of  Papers  bears  to  the  others  and  to 
external  sources. 

The  definition  of  a  State  Paper,  from  an  official  point  of  view,  may 
be  gathered  from  the  previous  account  of  the  custody  and  arrangement 
of  the  class,  and  to  a  considerable  extent  the  important  subject  of  the 
environment  of  these  official  documents  may  be  studied  in  the  same  con- 
nexion. For  practical  purposes,  then,  the  student  will  have  to  bear  in 
mind  that  the  State  Papers  of  the  16th,  17th  and  i8th  centuries  will 

'  The  few  important  exceptions  to  this  statement  only  serve  to  accentuate  the  disparity 
in  question,  but  for  the  present  purpose  of  historical  methwlology  the  official  Guid*  will  be 
found  all-sufficient. 

6— a 


84  The  Analysis  of  Archives 

be  found  to  exist  in  official  custody  in  such  documentary  forms  and 
in  such  a  state  of  completeness  as  the  varying  conditions  of  their 
execution  and  preservation  may  have  permitted.  That  is  to  say  in 
the  earliest  period  he  will  expect  to  meet  with  numerous  transitional 
forms  representing  the  encroachments  of  the  new  Secretariat  upon 
the  jurisdictions  of  the  Chancery  and  Exchequer^  These  will  also 
indicate  the  active  intervention  of  the  new  state-craft  in  such  matters 
as  local  or  ecclesiastical  administration,  commercial  or  industrial 
policy,  and  the  technical  subjects  of  the  national  health  and  defence. 
By  degrees  these  abnormal  instruments  disappear  or  assume  a  purely 
ministerial  form'',  whilst  the  fiscal  and  technical  business  of  the  State 
is  relegated  to  distinct  departments^  Finally  it  will  be  observed,  as 
a  special  feature  of  their  official  environment,  that  the  very  extent  of 
these  State  Papers  varies  from  time  to  time  according  to  the  facilities 
that  may  exist  for  their  safe  custody*,  so  that  the  completeness  of  our 
historical  materials  from  this  source  will  depend  on  conditions  which 
are  not  apparent  from  the  existing  inventories. 

The  method  of  study  that  is  indicated  by  the  above  considerations 
is  neither  very  abstruse  nor  very  severe.  Our  first  object  must  clearly 
be  the  identification  of  the  sources  and  an  examination  of  their 
official  environment.  For  this  purpose  we  should  wish  to  know  in 
what  repositories  the  documents  with  which  we  are  concerned  have 
been  preserved,  or  from  what  departmental  collections  they  may  have 
been  drawn,  in  order  that  we  may  ascertain  whether  they  are  complete 
in  themselves,  or  whether  they  form  only  a  portion  of  certain  contem- 
porary proceedings,  the  remainder  of  which  must  be  sought  for  else- 
where. In  short,  we  must  first  account  for  the  whole  of  the  existing 
documents,  wherever  they  may  be,  carefully  noting  such  as  appear 
to  have  once  existed  but  cannot  now  be  traced.  Then,  and  not  till 
then,  we  shall  be  free  to  make  such  use  of  the  printed  Calendars  or 
texts  as  our  purpose  may  required 

^  In  the  Elizabethan  and  early  Stuart  periods  warrants  or  licences  to  pass  the  sea  are 
still  registered  (Exch.  K.  R.  licences  to  pass  the  sea)  but  from  that  date  they  appear  amongst 
the  State  Papers. 

^  The  collection  of  original  warrants  is  considerable  only  for  the  reigns  of  Elizabeth 
and  James  I.  Before  long  these  instruments  assumed  an  epistolary  form  in  the  shape  of 
departmental  Orders,  Instructions,  &c. 

^  The  Admiralty,  Navy  Board,  War  OfiGce,  Ordnance  Office,  Board  of  Trade,  Treasury, 
Audit  Office,  Mint,  Post  Office,  &c.  in  the  17th  century. 

*  See  D.  K.  jpth  Report,  p.  2 1 2  sq.,  for  instances  of  the  non-transmission  of  secretarial  papers 
into  official  custody  and  of  their  "  embezzlement  "  by  public  officials.     Cf.  also  below,  p.  88. 

*  A  very  valuable  analysis  of  the  State  Papers  of  the  early  Stuart  period  and  inter- 
regnum by  Mrs  S.  C.  Lomas  will  be  found  in  Transactions  of  the  Royal  Historical  Society, 


The  Analysis  of  Archives  85 

To  accomplish  this  object  we  should  receive  much  assistance  from 
a  knowledge  of  the  environment  of  the  documents  themselves  and 
from  the  classification  of  these  and  kindred  types.  For  example  a 
diplomatic  description  will  enable  us  to  ascertain  from  the  form,  date, 
superscription,  address,  and  subject-matter  of  a  certain  document  by 
what  official  personage  it  was  received  and  in  what  official  collection 
it  was  preserved  ^  From  these  particulars  we  can  further  discover 
whether  related  documents  exist  in  other  official  or  private  collections. 
Thus  if  our  document  is  a  Warrant  or  draft  Privy  Seal,  we  shall  find 
its  confirmation  or  its  sequel  in  the  Chancery  or  Exchequer  Records ; 
if  it  relates  to  naval  or  military  or  other  departmental  matters,  the 
records  of  those  departments  may  with  advantage  be  referred  to. 
Again  a  State  Paper  relating  to  a  conspiracy  against  the  Crown 
might  be  duplicated  in  the  Baga  de  Secretis^  amongst  the  Records  of 
the  King's  Bench,  or  in  one  of  the  collections  of  Law  Papers  in 
departmentar-"  or  private^  custody.  So  too  the  correspondence  of  a 
long  succession  of  ministers  is  supplemented  by  the  collections  that 
were  at  one  time  in  their  private  possession. 

It  will  be  evident  therefore  that  the  State  Papers,  as  they  are  set 
forth  in  the  printed  Calendars,  cannot  for  a  moment  be  regarded  as  a 
self-contained  series.  If  we  would  use  them  aright,  we  should  be 
prepared  to  verify  or  supplement  their  evidence  on  occasion  from 
other  sources.  These  supplementary  sources  are  well  known  to  us, 
two,  the  legal  and  departmental  Records,  being  official  collections, 
and  the  third  comprising  the  great  external  class  of  MSS.  which  are 
not,  now,  at  least,  in  official  custody. 

With  the  first  of  these  we  have  already  dealt,  and  with  the  second 
we  shall  have  to  deal  hereafter,  whilst  the  third  is  beyond  the  limits 
of  our  present  survey.  "But  how,"  it  might  be  asked,  "are  we  to 
employ  these  sources  to  the  best  advantage?" 

Perhaps  the  simplest  view  of  the  matter  would  be  to  regard  the 
State  Papers  as  a  special  and  privileged  source,  and  subject  to  the 
limitations  that  have  been  indicated  above.  This  is  the  least  pre- 
caution that  can  be  taken  by  us,  and  it  implies  the  consciousness  of  a 

N.  S.  Vol.  XVI.  For  other  important  notices  see  Mr  Brewer's  preface  to  Vol.  i.  of  the 
Calendar  of  iMters  and  Papers,  Henry  VIII ;  Mr  Bruce's  preface  to  the  Calendar  of  Stale 
Papers  Domestic,  1615 — 1616;  Mr  Sainshury's  notices  in  D.  K.  30/A  Ke/>ort,a.nA  the  well- 
known  works  of  Scargill-Bird,  Thomas  and  E<lwards. 

'  Most  valuable  assistance  in  this  connexion  has  recently  lieen  given  to  the  student  of 
the  Foreign  State  Papers  by  the  publication  under  the  supervision  of  Professor  C.  H.  Firth 
of  systematic  lists  of  English  ambassadors  abroad. 

»  e.g.  \l.  O.  Law  Papers.  '  e.g.  Brit.  Museum. 


86  The  Analysis  of  Archives 

method  of  research  which  is  seldom  recognized.  To  complete  the 
process  by  our  own  investigations  is  a  matter  that  must  be  left  to  the 
conscience  or  ability  of  each  of  us. 

But  there  still  remain  a  few  odd  points  of  procedure  which  may 
be  noted  for  the  benefit  of  the  uninitiated.  The  parallel  evidence  of 
the  legal  Records  and  State  Papers  may  be  studied  in  one  direction 
in  the  "Letters  and  Papers"  of  the  reign  of  Henry  VHP  and  in 
another  direction  in  the  Records  of  the  Chancery  and  Exchequer 
down  to  the  reign  of  George  HP.  That  of  the  Departmental 
Records  may  be  gathered  from  the  official  lists*  and  from  the 
history  and  sources  of  the  several  departments  referred  to  in  the 
following  section.  The  novice  who  consults  the  printed  Calendars 
of  State  Papers  will  perhaps  not  fail  twice  to  note  the  existence  of 
Addenda  for  the  periods  between  1547  and  1670,  whilst  the  existence 
of  uncalendared  "State  Papers  Supplementary"  and  "Miscellaneous" 
has  been  already  referred  to*.  The  curious  technical  arrangement  of 
the  "  Commonwealth  Committees "  is  worth  the  careful  attention  of 
those  who  may  make  a  study  of  that  periods  Students  of  the  reign 
of  Charles  H  will  find  the  papers  of  the  Navy  Board  uncalendared 
after  the  year  1673,  and  they  must  look  outside  the  official  Archives 
for  the  Admiralty*  and  War  Office'  papers  of  the  17th  century. 
"King  William's  chest"  will  be  found  to  furnish  a  valuable  supple- 
ment to  the  dwindling  State  Papers  of  the  later  Stuart  period,  in 
which  the  last  gap  remains  to  be  closed  in  the  long  series  of  printed 
Calendars*.  The  Foreign  series  it  is  true  have  only  been  proceeded 
with  to  a  little  more  than  half-way  through  the  reign  of  Elizabeth, 
but  the  remaining  originals,  which  had  been  arbitrarily  included 
amongst  the  departmental  papers  of  the  Foreign  Office  have  now 
been  very  properly  replaced  as  "  Foreign  State  Papers."  A  similar 
reconstruction  still  remains  to  be  accomplished  in  the  case  of  the 
Colonial  State  Papers  previous  to  the  year  1782,  and  it  will  be  noted 

^  See  the  Calendar,  Vol.  I.,  Preface,  ^nA  J>assim.  That  this  edition  also  takes  cognizance 
of  external  sources  is  a  fact  of  the  deepest  significance. 

^  See  S.  R.  Scargill-Bird,  Guide  to  the  Public  Records,  where  a  very  valuable  digest  of  the 
contents  of  the  miscellaneous  collections  incorporated  with  the  State  Papers  will  be  found. 

'  See  ibid.  s.v.  Departmental  Records. 

*  To  these  the  ' '  Exchequer  Commonwealth  Papers "  might  well  be  added  without 
making  the  list  exhaustive. 

*  This  has  been  well  explained  by  Mrs  Lomas  in  the  Essay  mentioned  above. 

*  e.g.  the  Pepysian  MSS.  at  Cambridge,  utilised  with  such  valuable  results  by  Dr  J.  R. 
Tanner. 

^  e.g.  the  Blathwayt  MSS.  at  the  British  Museum. 
"  Cf.  Calendars  of  S.  P.  Dom.  1689  —  1693. 


The  Analysis  of  Archives  87 

that  the  Calendar  of  the  series  for  the  East  Indies  remains  in  suspense 
pending  the  operations  of  the  India  Office  upon  the  larger  series  of 
State  Papers  in  its  departmental  custody^.  It  will  be  noted  further 
that  Tangier  and  Dunkirk  have  not  been  provided  for  in  this  distri- 
bution of  the  Colonial  Calendar,  but  the  omission  has  to  some  extent 
been  made  good  by  private  enterprise*. 

These  miscellaneous  notices  bring  our  examination  of  the  State 
Papers  down  to  the  beginning  of  the  i8th  century,  after  which  date 
printed  materials  fail  us  except  for  the  parallel  information  supplied 
by  the  departmental  Calendars  of  the  Treasury  and  Home  Office. 
It  is  however  very  questionable  whether  the  continuation  of  Calendars 
of  Domestic  State  Papers  alone  during  the  remainder  of  this  period 
would  be  worth  attempting,  from  the  student's  point  of  view,  owing  to 
the  notorious  fact  that  the  State  Archives  have  been  depleted  of  a 
third  of  their  contents  through  the  deliberate  appropriations  of  the 
ministers  of  Hanoverian  kings^  The  distribution  of  the  existing 
State  Papers  in  respective  reigns  can  only  serve  as  a  rough  indication 
of  their  relative  bulk,  since  the  volumes  and  bundles  are  not  absolutely 
uniform  in  size.  The  following  calculation  from  the  published  List 
does  not  include  the  State  Papers  Foreign  or  Colonial,  nor  those  for 
Scotland  or  Ireland,  the  Borders,  Channel  Islands,  or  Hanover ;  nor 
yet  the  Addenda  and  the  Supplementary  or  Miscellaneous  State  Papers. 
Again  the  Warrant  Books,  Domestic  Entry  Books,  Docquets,  Passes, 
Petitions,  Proclamations,  Precedents  and  a  number  of  similar  Letter 
Books  or  Entry  Books  would  have  to  be  reckoned  with.  It  will, 
however,  probably  be  found  that  all  these  additional  sources  have 
been  preserved  in  a  corresponding  ratio  to  the  existing  collection  of 
State  Papers  Domestic,  but  the  important  point  to  remember  is  that 
these  scattered  sources  exist  for  each  reign.  A  table  of  this  dis- 
tribution is  given  in  an  Appendix. 

*  These  of  course  were  not  at  any  time  official  State  Papers,  having  been  in  the  possession 
of  the  old  East  India  Company  till  1857.  The  State  Papers  proper  for  the  East  Indies 
in  the  Colonial  series  are  comparatively  unimportant  before  the  year  1757. 

'  See  Sir  L.  Playfair's  Bibliography  of  Aforocco,  and  cf.  the  History  of  tht  iHd(QtueH^s)  Rfgi- 
ment.  Vol.  i.  by  Col.  John  Davis,  the  moni^raph  on  Tangier  by  Miss  E.  Kuuth,  in  R.  Hist. 
Soc.  Transactions,  Vol.  XIX.,  and  the  valuable  references  to  Dunkirk  by  Pmf.  Firth,  ibid. 
Vol.  xvn.  There  are  also  many  references  to  Tangier  in  the  Fanshawe  Papers  {HisloriciJ 
MSS.  Comm.  Report  (1899)). 

'  Manuscript  Calendars  of  the  Domestic  State  Papers  exist  from  the  bc^nning  of  the 
reign  of  George  I  to  the  year  1746  (Scotland,  1760),  those  for  the  years  174} — 1746  being 
exceptionally  full  and  valuable.  The  Domestic  Pa|>ers  for  this  period  do  not  however  appear 
to  have  been  preserved  on  any  definite  system,  and  they  contained  many  documents  which 
clearly  belong  to  the  Colonial  series  and  to  distinct  depnttments. 


88  The  Analysis  of  Archives 

The  Letters  and  Papers  of  Henry  VIII  (in  spite  of  the  bulk  of  the 
famous  Calendar)  only  number  some  200  volumes,  the  Domestic  Papers 
of  Edward  VI  19  volumes,  and  those  of  Mary  only  14  volumes  exclu- 
sive of  Addenda.  The  Domestic  State  Papers  of  the  reign  of  Queen 
Elizabeth,  reduced  as  they  are  in  bulk  through  the  loss  of  the  Hatfield 
and  Lansdowne  collections  alone,  yet  number,  without  the  Addenda, 
300  volumes  and  cases  ;  those  of  James  I  over  200  volumes  ;  and 
those  of  Charles  I  considerably  more  than  5CXD  volumes,  though  many 
of  these  contain  miscellaneous  documents  and  parchment  Records. 
During  the  last  two  reigns  the  losses  of  official  documents  from  the 
usual  causes  are  comparatively  slight \  but  with  the  period  of  the 
Civil  Wars  and  Interregnum  a  wholesale  concealment  and  even 
destruction  of  Political  papers  must  be  added  to  the  existing  system 
of  "embezzlements"  The  regular  series  of  Letters  and  Papers 
between  the  years  1642  and  1660  shrinks  to  insignificant  dimensions, 
but  on  the  other  hand  the  Archives  are  reinforced  by  the  Day  Books 
and  Correspondence  of  the  Commonwealth  Committees,  one  of  which 
alone  has  contributed  26  numbers. 

The  State  Papers  of  the  Restoration  period  are  largely  swelled  by 
naval  correspondence,  but  in  spite  of  the  increasing  losses  which 
Sir  Joseph  Williamson  so  feelingly  deplores,  they  make  a  brave  show 
as  a  historical  source  down  to  the  last  years  of  the  reign  I  Then  we 
have  a  comparative  blank  for  the  reign  of  James  II*,  followed  by 
a  slight  revival  for  that  of  William  and  Mary,  thanks  largely  to  the 
careful  preservation  of  "  King  William's  chests"  But  with  the  reign 
of  Queen  Anne  the  Domestic  State  Papers  are  again  reduced  in 
bulk  and  in  political  importance®,  and  with  the  accession  of  the 
House  of  Hanover  they   become   of  secondary   interest   compared 

1  The  history  of  the  Cecil,  Coke  Conway,  and  Winwood  collections  amongst  others  will 
show  that  in  spite  of  unusual  vigilance  on  the  part  of  the  government,  this  official  mis- 
demeanor could  no  more  be  put  down  than  the  prevailing  official  dishonesty. 

*  e.g.  the  papers  of  Thurloe  and  Nicholas.  Many  were  apparently  destroyed  by  Brad- 
shaw.  Amongst  the  others  which  have  survived  in  private  custody  may  be  mentioned  the 
Clarendon,  Ormonde,  Fairfax  and  Clarke  collections. 

*  There  are  450  volumes  and  bundles  for  this  reign.  In  1706  the  keeper  of  the  Papers 
reported  that  there  were  very  few  Papers  in  the  office  of  a  later  date  than  1679 ;  but  some 
were  afterwards,  recovered  and  deposited  in  the  Transmitter's  Office.  Still  the  quantity  of 
State  Papers  for  the  last  six  years  of  the  reign  is  relatively  insignificant.  The  missing  Papers 
for  this  and  the  following  reign  cannot  by  any  means  be  accounted  for  in  private  collections, 
and  a  large  number  were  doubtless  suppressed  for  political  reasons. 

*  Only  five  volumes  and  bundles  of  State  Papers  are  preserved  for  this  reign. 

*  The  number  of  volumes,  &c.  is  },l„  including  i8  for  "  King  William's  chest." 

®  There  are  30  volumes  and  bundles  for  this  reign.  The  existence  in  private  custody 
of  the  Harley  Papers  alone  will  explain  the  shortcomings  of  this  collection. 


The  Analysis  of  Archives  89 

with  the  vast  and  systematic  collections  preserved  in  private  custody' 
and  the  ever  expanding  scope  and  volume  of  the  Departmental 
Records  ^ 


{c)    Departmental  Records. 

We  have  already  seen  that  considerable  difficulties  stand  in  the 
way  of  a  close  study  of  the  history  of  the  several  departments  of 
the  State  by  means  of  their  existing  Archives.  Indeed  only  the 
scantiest  materials  exist  for  that  purpose,  whilst  no  conscious  traditions 
of  an  earlier  official  practice  have  been  preserved  by  the  modern 
departments  themselves. 

At  the  outset,  then,  we  are  confronted  with  the  fact  that  great 
changes  have  undoubtedly  taken  place  in  the  administrative  system 
of  certain  departments  which  have  affected  the  whole  character  of 
their  Records,  without  any  satisfactory  qicplanation  of  the  matter 
being  available*.  In  any  case,  however,  a  knowledge  of  the  ancient 
departmental  procedure  would  not  enable  us  to  ascertain  all  the  uses 
to  which  the  existing  Records  may  be  put,  for  the  simple  reason  that 
a  large  number  of  these  Records  can  have  no  connexion  with  the 
functions  of  the  department  to  which  they  have  been  provisionally 
assigned. 

In  short,  an  exhaustive  analysis  of  the  contents  of  these  official 
collections  cannot  be  attempted  with  any  greater  hope  of  success 
than  attends  their  classification  on  a  scientific  plan  until  the  history 
of  the  departments  themselves,  including  the  vicissitudes  of  their 
respective  Archives,  has  been  further  elucidated  by  the  modern 
antiquary. 

Such  a  complete  survey  of  the  Government  Archives  is,  however, 
beyond  the  scope  of  the  historical  student's  researches.  A  minute 
examination  of  the  evidence  of  the  more  ancient  departmental 
Records  may  be,  and  indeed  has  been  required  in  connexion  with 
official  precedents,  and  the  results  of  such  investigations  are  occasion- 
ally published  in  the  shape  of  Blue  Books.      There  is,  however,  an 

'  It  is  unnecessary  to  mention  more  than  the  Townshend,  Rutland,  Newcastle,  Chatham, 
Lansdowne  and  Egremont  collections. 

'  These  assume  a  new  constitution  and  activity  aAer  the  Revolution,  though  in  tum  sub- 
jected to  many  losses  of  Records  froni  the  usual  causes. 

*  Thus,  in  the  case  of  the  Treasury,  a  change  of  practice  is  observwl  in  the  years  1660, 
1678,  1689  which  is  still  involved  in  some  obscurity.  The  changes  consequent  on  the  great 
departmental  reforms  of  1781  and  1833  have  been  referred  to  above. 


90  The  Analysis  of  Archives 

obvious  distinction  between  the  use  of  these  Records  for  official  or 
for  historical  purposes  and  the  latter  method  only  will  concern  us 
here\  Therefore  no  departmental  compilations,  Indexes  or  other 
special  aids  to  official  or  privileged  researches  can  be  taken  into 
account  for  the  purpose  of  indicating  the  usual  methods  of  research 
in  these  historical  sources.  Again  it  would  be  obviously  impracticable 
to  attempt  even  the  briefest  description  of  the  subject-matter  of  the 
principal  classes  of  documents  in  the  order  of  the  several  departments. 
A  few  general  principles  and  a  few  hints  for  the  investigation  of  the 
Departmental  Records  at  large  must  take  the  place  of  a  detailed 
analysis  of  their  contents,  but  the  illustrations  offered  in  support  of 
these  theories  will  be  found  to  cover  a  wide  field  of  research. 

Perhaps  the  most  practical  method  of  procedure  will  be  to  follow 
the  structural  order  of  the  diplomatic  forms  indicated  in  our  classi- 
fication of  these  Records,  referring  by  way  of  illustration  to  the 
various  subjects  of  departmental  interest. 

The  great  class  of  original  papers  or  In-Letters^  is  naturally  the 
first  that  engages  our  attention,  and  in  this  we  may  notice  forms  very 
similar  to  those  which  occur  in  the  great  collection  of  State  Papers, 
including  not  merely  those  of  a  true  epistolary  type  but  others  of  a 
more  purely  diplomatic  character,  such  as  Petitions  and  Addresses, 
together  with  a  number  of  anomalous  forms.  Naturally  care  must  be 
taken  to  distinguish  between  the  relative  authority  of  a  signed  paper, 
a  copy,  and  a  draft  respectively ;  whilst  it  will  be  found  that  the  first 
of  these  forms  may  be  further  differentiated  according  as  a  letter  or 
paper  is  holograph  or  merely  signed^  A  characteristic  feature  of  these 
departmental  collections  is  seen  in  the  numerous  Entry  Books,  in 
which  copies  sometimes  of  whole  series  of  original  letters  have  been 
preserved.  Finally  we  have  once  more  to  grapple  with  the  problem 
of  inclosures,  missing  or  misplaced.  These  points  are  primarily  of 
diplomatic  interest,  but  they  may  also  have  an  important  bearing  on 

1  Thus  the  Records  of  the  old  Board  of  Auditors  of  Public  Accounts  include  series  of 
Minutes,  Reports,  Orders,  Instructions,  Certificates,  Memorials,  &e.,  which  possess  a 
certain  diplomatic  interest  though  probably  but  little  historical  value. 

^  These  are  usually  furnished  with  descriptive  titles  such  as  "  Intelligence,"  "  Intercepted 
Letters,"  "  Governor's  (Colonial)  Despatches,"  "  Captains'  Letters,"  "  Promiscuous  Letters," 
"  Miscellaneous  Letters,"  &c.  A  parallel  list  of  such  titles  will  doubtless  be  compiled  before 
long  by  some  enterprising  student. 

*  The  importance  of  such  distinctions  is  at  least  as  great  as  the  exact  terminological 
description  of  mediaeval  instruments,  and  yet  they  are  rarely  preserved  in  printed  works. 
A  model  however  exists  in  the  method  employed  by  Messrs  B.  F.  Stevens  and  Brown  for 
the  description  of  MSS.  relating  to  the  American  Revolutionary  War  (cf.  Hist.  MSS.  Com, 
Report  on  Royal  Institution  MSS.,  1904 — 1907). 


The  Analysis  of  Archives  91 

the  selection  of  these  Records  for  the  purpose  of  historical  research  as 
well  as  for  that  of  their  preservation '  and  classification*.  It  is  well 
known  that  in  several  series  of  later  State  Papers  which  are  technically 
classified  as  Departmental  Records,  the  inclosures,  especially  those  of 
a  bulky  nature,  are  frequently  found  separated  from  the  covering 
letters  and  they  are  even  preserved  as  separate  series*.  In  such  cases 
the  identification  of  the  sources  from  which  these  documents  were 
derived  is  sometimes  material  to  their  historical  value.  In  other 
cases  the  inclosures  will  have  to  be  sought  for  in  various  directions, 
a  circumstance  which  is  largely  due  to  the  prevalent  custom  of  com- 
municating such  documents  in  their  original  form  for  the  information 
of  other  departments  or  even  for  the  Government  press^ 

In  one  respect  at  least  the  In-Letters  of  the  departmental  period 
may  be  more  easily  consulted  and  accounted  for  than  the  earlier 
State  Papers.  The  well-known  official  practice  of  numbering  all 
despatches  of  a  regular  series  in  consecutive  order,  and  of  affording 
further  indications  of  their  sequence,  if  not  of  their  significance,  by 
the  use  of  such  advertisements  as  "  Secret,"  "  Private,"  "  Separate,"  &c. 
will  often  prove  of  much  assistance  to  the  observant  reader*.  More- 
over in  this  later  period  few  despatches  have  been  left  to  be  deciphered, 
and  the  ministerial  clerks  who  performed  this  useful  service  have  also 
not  unfrequently  been  at  the  pains  to  docquet  important  despatches 
with  a  clear  and  helpful  precis  of  their  contents. 

Although  the  typical  In-Letter,  with  its  inclosures,  has  been 
regarded  here  as  a  communication  received  by  the  department,  it 
must  not  be  forgotten  that  a  large  number  of  similar  documents  has 
been  preserved  in  official  custody,  most  of  which  are  of  the  nature  of 
deposited  Records,  that  is  to  say,  not  addressed  to  the  department, 
but  acquired  by  accident,  by  the  fortune  of  war,  or  by  the  devices  of 
diplomacy.  These  therefore  will  be  referred  to  under  their  appro- 
priate classification.     Possibly  a  considerable  number  of  such  letters 

'  In  connexion  with  the  custody  of  Departmental  Records  it  will  be  observed  from  the 
published  Reports  that  these  distinctions  have  chiefly  guided  the  selection  of  a  large  quantity 
of  departmental  documents  for  destruction. 

*  See  above,  p.  70  sq. 

*  e.g.  Colonial  Office  "Transmissions"  and  "Sessional  Papers,"  Board  of  Trade 
"  Maps"  and  "  Acts,"  Foreign  Office  "  Newsletters,"  &c. 

*  In  most  cases,  certainly,  copies  or  extracts  only  were  communicated  ;  but  the  practice 
was  often  to  make  use  of  the  original. 

'  The  loss  of  letters  forming  part  of  such  a  series  can  thus,  as  a  rule,  be  easily  detected 
and  their  identification  in  other  collections  is  hereby  fiicilitated.  letters  of  a  semi-official 
or  private  nature  are  not  usually  numbered.  The  official  practice  was  then,  as  now,  to 
distinguish  the  letters,  when  referring  to  them,  by  means  of  these  numbers  or  headings. 


92  The  Analysis  of  Archives 

may  have  been  originally  inclosures  belonging  to  the  regular  series 
of  In-Letters,  though  others  have  clearly  no  connexion  with  that 
class.  It  will  also  be  obvious  that  the  official  correspondence  was 
actually  represented  in  another  aspect  by  a  series  of  original  Letters 
which  were  addressed  by  the  departments  to  various  persons.  When 
these  originals  were  received  and  retained  by  private  individuals  they 
no  longer  concern  us  here,  their  place  being  taken  by  the  drafts  or 
copies  preserved  in  official  custody.  In  other  cases,  however,  these 
originals  were  received  by  an  official  person  or  body  and  thus  two 
versions  of  the  same  document  have  become  available^  through  the 
concentration  of  the  departmental  Archives.  Indeed  it  may  happen, 
as  in  the  case  of  the  transmitted  Archives  of  a  foreign  Legation,  that 
both  versions  are  now  preserved  in  a  single  collection^;  but  in  the 
case  of  Colonial  despatches  the  custom  seems  to  have  obtained,  from 
an  early  date,  of  regarding  the  government  Archives  as  a  Colonial 
possession.  The  question  naturally  arises  as  to  the  course  which  the 
student  should  pursue  with  regard  to  this  choice  of  texts.  In  the 
event  of  the  original  despatch  being  preserved  in  duplicate  or  triplicate, 
no  hesitation  need  be  felt  in  discarding  the  secondary  versions,  but 
some  preference  might  seem  to  be  due  to  an  original  document  over 
a  formal  copy.  On  the  other  hand  the  use  of  a  bound  volume  which 
is  frequently  indexed  is  more  convenient  to  the  reader  than  that  of 
loose  papers,  and,  as  the  authentication  of  signatures  is  not  here  in 
question,  the  chief  value  of  these  resumed  collections  seems  to  lie  in 
the  occasional  preservation  of  original  inclosures,  which  of  course  were 
not  usually  copied  in  official  Letter-Books. 

Closely  connected  with  the  subject  of  the  use  of  these  In-Letters, 
is  that  of  the  Registers  in  which  their  receipt  was  recorded  and  their 
ultimate  destination  indicated.  The  existence  of  a  Register  in  some 
form  or  other  might  almost  be  presumed  in  the  case  of  a  modern 
department,  but  the  preservation  of  this  class  of  Records  in  official 
custody  is  somewhat  erratic.  It  would  seem  indeed  that  no  such 
expedient  was  employed  in  the  departments  of  the  Secretaries  of 

^  The  textual  value  of  the  restored  original  of  an  official  despatch  may  be  considerable, 
especially  in  the  case  of  signed  letters,  for  at  the  last  moment,  after  the  act  of  signing,  a 
holograph  postscript  might  be  added  which  would  not  be  found  in  the  official  draft  or  copy. 
This  was  sometimes  done  to  ensure  secrecy. 

^  The  same  circumstance  is  known  to  have  occurred  in  the  case  of  great  administrative 
departments  such  as  the  Admiralty  and  War  Office,  the  records  of  whose  sub-departments, 
which  were  formerly  distinct  establishments,  were  brought  together  during  the  last  century. 
A  large  mass  of  official  correspondence  belonging  to  the  latter,  in  the  shape  both  of  In- 
Letters  and  Out-Letters,  has  been  dispensed  with  in  consequence  of  such  duplication. 


The  Analysis  of  Archives  93 

State  in  early  times  \  though  official  Registers  probably  exist  for  a 
later  period.  Several  perfect  series  of  Registers  have  however  been 
preserved  by  the  departments  which  have  been  administered  by  a 
Board  of  Commissioners  from  an  early  date.  The  Admiralty  in 
particular  is  distinguished  for  the  minute  and  methodical  registration 
of  its  papers  and  the  "  Indexes "  and  "  Digests "  of  its  principal 
departments-  form  one  of  the  greatest  curiosities  of  the  modern 
official  Archives,  Moreover  these  monumental  compilations  have  a 
special  importance  from  the  fact  that  they  preserve  the  date,  author- 
ship, and  subject  of  correspondence  which  in  many  cases  has  not  been 
preserved  ^ 

The  next  stage  in  the  official  treatment  of  the  In-Letter  is  marked 
by  the  departmental  Minute  which  records  the  nature  of  its  contents 
and  the  decision  arrived  at  on  the  subject  propounded.  In  this 
aspect  the  Minutes  might  be  regarded  as  superseding  the  information 
contained  in  the  Registers.  But  apart  from  the  greater  facility  of 
access  which  the  latter  afford,  it  does  not  follow  that  every  paper 
received  was  the  subject  of  a  Minute.  Conversely  the  Minutes  will  be 
found  to  record  many  official  acts  which  had  not  their  origin  in  any 
previous  communication,  and  on  this  account  their  importance  would 
be  considerable  were  it  not  for  the  fact  that  in  most  cases  the  brief 
indications  given  by  the  Minute  are  expressed  at  length  in  an  appro- 
priate instrument.  This  aspect  of  the  case  is  especially  noticeable  in 
a  later  period  when  the  Minute  assumes  a  cursive  form  as  a  hasty 
endorsement  of  an  original  paper  from  which  the  experienced  clerk 
can  nevertheless  evolve  a  stately  missive.     Therefore  provided  that 

'  There  were,  it  is  true,  special  compilations  for  the  purpose  of  indicating  the  nature  of 
this  original  correspondence,  such  as  Calendars  (Colonial  Office,  Board  of  Trade),  I'rikis 
Books  (Foreign  Office)  and  Journals  or  Indexes  (Admiralty,  War  Office),  hut  these  were 
intended  for  convenience  of  official  reference  only.  The  Privy  Council  Registers  were 
prohahly  regarded  as  sufficient  for  this  purpose,  a  large  proportion  of  the  "  Miscellaneous 
Letters  and  Papers"  preserved  amongst  the  State  Papers  addressetl  to  the  Secretaries  of 
State  not  Ijeing  of  a  nature  requiring  any  reply. 

*  e.g.  the  Admiralty  Board,  Navy  Board  and  Greenwich  Hospital.  The  Registers  of 
the  first  named  department  Iniing  by  far  the  most  extensive  series.  The  approximate  measure- 
ment of  one  of  these  volumes  near  the  end  of  the  reign  of  George  III  is  24  inches  in  height  hy 
18  inches  in  depth  and  n  inches  in  thickness,  the  weight  being  probably  one  cwt.  According 
to  the  printed  List,  in  a  still  later  period,  more  than  one  volume  of  Registers  exists  for  each  year. 
For  the  use  of  the  Treasury  Registers,  see  Prof,  Andrews's  Report  in  the  American  Historical 
Review  (1905). 

'  We  may  gather  from  official  Reports  that  two  of  the  largest  scries  of  these  Registers, 
those  for  the  War  Office  and  Ordnance  correspondence,  affordetl  ver)-  little  infoniiation  as  to 
the  nature  of  the  incoming  correspondence.  In  the  several  departments  the  place  of  the 
mcMlern  series  of  Digests  described  above  is  taken  in  an  earlier  period  by  abstracts  and 
indexes  of  In- Letters. 


94  The  Analysis  of  Archives 

the  latter  record  can  be  identified  with  ease  and  certainty  in  its  several 
forms  of  an  Out-Letter,  Warrant,  Order,  Commission  or  the  like, 
nothing  will  be  gained  by  a  reference  to  the  actual  Minute  on  which 
such  action  was  taken.  This  identification  however  is  not  always  an 
easy  task,  and  in  one  instance  at  least*  the  Minutes  serve  as  an  in- 
valuable key  both  to  the  immediate  action  taken  and  also  to  former 
and  further  correspondence  on  the  same  subject.  In  the  two  instances 
referred  to,  the  Privy  Council  Office  and  the  Board  of  Trade  and 
Plantations,  the  Minutes,  which  exist  from  the  15th  and  17th  centuries, 
are  styled  respectively  Registers  and  Journals.  From  the  latter  of 
these,  especially,  the  origin  and  destination  of  the  various  letters  and 
inclosures  addressed  to  the  Commissioners  by  Colonial  governors  or 
by  individuals  can  be  clearly  ascertained,  and  the  use  of  this  means 
of  identification  has  proved  a  revelation  to  the  modern  school  of 
American  historical  students.  To  some  extent  these  board  Minutes 
serve  the  purpose  of  reference  books,  that  is  to  say  they  indicate  the 
particular  department,  especially  the  Privy  Council  itself,  to  which 
certain  cases  were  referred  for  report,  thus  affording  a  means  of 
tracing  many  documents  which  for  some  reason  or  other  were  not 
returned  to  the  department  from  which  they  were  issued. 

We  might  perhaps  have  expected  that  these  official  references 
would  have  been  preserved  in  a  separate  series  of  Entry  Books,  but 
the  only  series  of  such  Records  which  now  exist  are  the  Reference 
Books  of  the  Treasury  and  Ordnance  Office,  the  former  of  which 
extending  from  the  year  1680  to  18 19  are  of  great  value  for  the  earlier 
period,  as  reciting  the  texts  of  documents  which  in  many  cases  are  no 
longer  preserved. 

The  Reports  which  ensued  upon  such  References  are  somewhat 
better  represented  in  the  departmental  Archives,  an  early  and 
valuable  series  being  preserved  in  the  War  Office  Records  and 
another  in  those  of  the  Ordnance  Office.  In  other  cases,  however, 
these  Reports  are  not  entered  in  Report  Books  proper,  corresponding 
to  the  departmental  Reference  Books,  but  in  special  series  of  Entry 
Books.  Sometimes  too  they  are  only  preserved  in  their  original  form 
amongst  the  In-Letters.  Amongst  these  may  be  noticed  a  valuable 
collection  of  Opinions  of  the  Law  Officers,  of  which  the  originals  or 
entries  will  be  found  in  the  Treasury  and  Home  Office  papers,  as 
well  as  in  the  Records  of  the  Admiralty  and  other  departments, 
although   after  a  certain  date   they  are  prohibited   as  a   source   of 

^  The  Ordnance  Office  Minutes. 


The  Analysis  of  Archives  95 

information.  At  the  same  time  it  must  be  remembered  that  the 
Reports  and  Opinions  of  the  Law  Officers  preserved  in  official 
custody  do  not  by  any  means  constitute  the  whole  of  the  existing 
documents,  a  considerable  number  being  preserved  in  public  and 
private  collections^ 

The  In-Letter  with  its  inclosures  having  been  dealt  with  by  way 
of  Registration,  Minute,  Reference  and  Report  it  remains  for  us  to 
consider  the  nature  and  capabilities  of  the  several  historical  sources 
included  under  the  head  of  the  Out-Letter. 

Here  we  must  be  careful  to  distinguish  in  the  first  place  between 
Entry  Books  and  Letter  Books,  for  the  title  of  the  former  properly 
implies  fair  copies  of  original  papers,  although  copies  of  Out-Letters 
are  also  to  be  found  under  the  same  title  and  even  in  the  same 
volume. 

In  the  next  place  we  have  to  distinguish  between  the  several 
species  of  Out-Letters  which  the  departmental  Minute  has  brought 
into  existence.  Of  these  by  far  the  most  usual  form  is  that  of  the 
official  letter,  traversing  the  In-Letter  under  the  direction  of  the 
Minute,  and  giving  original  information  or  instructions  so  far  as 
possible  according  to  a  common  form.  It  has  been  previously  intimated 
that  the  chief  difficulty  that  is  likely  to  be  experienced  in  consulting 
this  class  of  official  Records  lies  in  ascertaining  the  particular  series 
of  Letter  Books  to  which  a  letter  upon  a  given  subject  may  have 
been  relegated.  In  the  earliest  and  simplest  practice  of  the  depart- 
ments a  General  or  Common  Letter  Book  was  kept  for  all  purposes', 
but  before  long  the  number  of  the  Letter  Books  is  found  to  corre- 
spond with  the  principal  branches  of  public  business^  The  recognized 
headings  under  which  this  business  was  conducted  can  be  ascer- 
tained from  the  official  Guide,  but  the  contemporary  definitions  of  the 
several  subjects  are  somewhat  vague,  and  the  system  by  means  of 
which  the  correspondence  was  assigned  to  the  respective  series  of 
Letter  Books  was  wholly  arbitrary*.  A  knowledge  of  the  appropriate 
series  can  therefore  only  be  obtained  by  experience,  which  is  also 
needed,  together  with  considerable  self-restraint,  for  the  successful  use 
of  the  erratic  indexes  with  which  most  of  these  early  Letter  Books  arc 

*  e.g.  the  British  Museum  (Stowe,  Hardwicke  collections)  and  Inns  of  Court. 

'  In  later  times  this  General  Letter  Book  was  often  styled  a  "  Domestic  Book." 

*  The  titles  given  to  the  several  scries  are  not  always  of  a  local  or  departmental  character, 
such  as  North  Britain  Book,  Lords'  Letter  Books,  Secretary's  Letter  Books,  Commander- 
in-Chief's  Letter  IkK)ks,  Treasury  Letter  Book,  &c.,  &c.  They  are  frequently  more  or  less 
descriptive,  such  as  Military,  Secret,  &c. 

■*  These  were  prohably  explained  by  means  of  a  departmental  key. 


96  The  Analysis  of  Archives 

furnished^  In  fact  it  may  be  accepted  as  a  useful  maxim  that  the 
index  of  an  average  departmental  Letter  Book  is  not  to  be  relied  on, 
though  its  assistance  is  by  no  means  to  be  despised. 

Bearing  in  mind  that  these  epistolary  forms  are  also  to  be  found 
in  so-called  Entry  Books  of  Orders,  Instructions,  Warrants,  Com- 
missions and  the  like,  mingled  with  those  formal  instruments,  we  may 
proceed  to  describe  the  characteristics  of  the  latter  sources  in  their 
turn.  Curiously  enough,  in  spite  of  their  evident  importance,  a  com- 
plete series  of  any  one  of  these  types  is  comparatively  rare.  Perhaps 
the  most  striking  void  is  noticed  in  the  case  of  the  Warrant,  although 
many  of  these  instruments  will  be  found  in  general  Entry  Books  and 
under  still  more  unlikely  titles  as  in  the  well-known  case  of  the 
War  Office  "  Miscellany  Books^."  Again  a  large  number  of  Warrants 
have  been  preserved  in  their  original  form,  but  after  a  careful  search 
we  must  come  to  the  conclusion  that  heavy  losses  have  been  sustained 
in  this  quarter**,  particularly  on  the  military  side.  Apart  from  the 
Secretary  of  State's  Warrants  preserved  in  the  Home  Office  Records*, 
the  most  complete  of  the  remaining  series  are  those  contained  in  the 
archives  of  the  Treasury^  Ordnance  Office®,  Admiralty''  and  Lord 
Chamberlain's  Officel 

The  exact  distinction  between  the  Warrant  and  the  Order,  or 
between  the  latter  in  turn  and  the  official  Out-Letter,  is  a  diplomatic 
question  which  will  be  discussed  elsewhere".  It  is  sufficient  to  bear 
in  mind  that  the  Order  is  not  found  in  an  Order  Book  alone,  and  in 
fact  some  so-called  Orders  are  merely  extracts  of  Minutes^*,  whilst 
others  appear  as  entries  made  in  the  Report  Books  which  record  the 

1  In  addition  to  numerous  omissions  and  unintelligent  entries,  subjects  will  frequently  be 
found  indexed  under  the  title  of  the  instrument,  as  "  Warrant  for,"  "  Order  for,"  &c.,  and 
usually  all  matters  concerning  a  regiment  under  the  name  of  its  colonel.  Naval  subjects,  on 
the  other  hand,  are  usually  indexed  under  the  name  of  the  ship  or  station. 

^  These,  however,  are  only  special  Warrants  from  1670  to  18 17  preserved  as  precedents 
and  do  not  represent  the  whole  issue  from  this  department  since  the  reign  of  Charles  II. 
Some  Warrants  relating  to  military  matters  are  entered  in  the  Home  Office  Warrant 
Books,  since  that  department  had  the  nominal  control  of  military  affairs  down  to  the  year 
1794. 

^  For  the  dispersal  of  the  secretarial  Warrant  Books  in  the  1 7th  century,  cf.  State  Paper 
Office  Documents  (Z).  K.  7,0th  Repoi-t,  Appx.  passim). 

*  See  below.  Appendix  v.  ''  From  1620  to  modern  times. 

8  From  1642  to  1855.  ^  From  1695  to  1815. 

®  From  the  16th  century  to  modern  times,  perhaps  the  most  extensive  of  the  departmental 
collections. 

®  See  Part  11.  What  are  generally  known  as  Domestic  Entry  Books  include  Letters, 
Commissions,  Orders,  Instructions,  Licences,  Passes,  &c.,  as  well  as  Warrants,  and  the  same 
applies  to  departmental  Records. 

'"  As  in  the  case  of  the  Ordnance  Office. 


The  Analysis  of  Archives  97 

results  of  departmental  references^  The  further  departmental  in- 
struments mentioned  above  are  chiefly  applicable  to  naval,  military 
and  diplomatic  business,  but  here  again  the  greatest  difficulty  will 
frequently  be  experienced  in  identifying  particular  Instructions^ ; 
whilst  in  later  times  the  entry  of  a  naval  or  military  Commission'  is 
usually  confined  to  a  list  of  names  and  dates,  being  thus  practically 
indistinguishable  in  form  from  an  official  Precedent  Book*.  The  best 
examples  of  both  these  departmental  instruments  may  probably  be 
found  in  the  Orders  and  Instructions  of  the  Admiralty',  and  the 
Commission  Books  of  the  War  Office*,  whilst  the  Orders  of  the 
Ordnance  and  Navy  Board  are  amongst  the  earliest  of  Departmental 
Records. 

Pursuing  the  order  of  our  structural  classification  we  come 
next  to  the  largest  class  of  the  Departmental  Records,  the  official 
compilations  in  the  nature  of  Precedent  Books,  which  include  such 
forms  as  Statements  of  Accounts,  Establishments,  Estimates  and 
Returns^. 

In  these  miscellaneous  Records  we  can  recognize  the  results  of 
the  departmental  process  which  has  already  been  described.  The 
Accounts  which  have  been  submitted,  or  which  are  required  to  be 
kept  in  the  ordinary  course,  are  entered  here  in  the  Bill  Books, 
Debentures,  Imprests,  Pay  Books,  Cash  Books,  Journals,  and  Ledgers 
dealing  with  every  branch  or  stage  of  official  business*.  Many  of 
these  serve  also  as  nominal  rolls  of  soldiers*,  sailors**  or  civilians" 
of  every  rank,  but  special  sources  of  information  for  this  subject  exist 
in  the  shape  of  numerous  Muster  Rolls"^  and  Muster  Books",  Victualling 

*  Some  Orders  occasionally  designated  by  the  title  of  "Select  Orders"  are  really  Pre- 
cedents and  these  are  also  described  in  still  later  times  as  "  Records." 

"  Particularly  "sealed  orders"  to  naval  commanders.  In  connexion  with  this  subject 
reference  should  also  be  made  to  the  War  Office,  Home  Office,  and  Colonial  Office  Records, 
and  even  to  those  of  the  Foreign  Office,  so  far  as  the  last  three  classes  are  open  to  the  public. 

'  e.g.  the  Commission  Books  of  the  War  Office  and  Home  Office  and  the  Commission 
and  Warrant  Books  of  the  Admiralty. 

*  e.g.  the  War  Office  Notification  Books. 

*  From  1665  to  1815.  "  From  1660  to  1873. 

'  These  are  for  convenience  of  classification  and  reference  generally  grouped  together  as 
"Registers"  in  the  latest  official  arrangement.  "Precedent  Books,"  so-called,  frequently 
contain  valuable  entries  which  are  in  some  cases  unique. 

*  These  are  especially  characteristic  of  the  Archives  of  the  Admiralty,  War  Office, 
Ordnance  Office,  Commissariat,  Pay-master  General's  Office,  and  the  Revenue  departments. 

"  e.g.  War  Office  regimental  Pay  Lists  and  Officers'  Half-pny  and  Pension  Lists. 

"  e.g.  Admiralty  ships'  Pay-lxx)ks  and  Officers'  Full-pay  Registers  and  Half-pay  Lists. 

"  e.g.  Pay-master  General's  and  Accountant  General's  (Naval)  Pay  Ledgers. 

"  From  1746  to  modern  times. 

"  From  1670  to  modern  times,  including  Sick  Lists. 

H.  7 


98  The  Analysis  of  Archives 

and  Subsistence  Lists^  Census^  and  Service  Returns^  Description 
Books",  Registers',  Entry  Books®,  Vouchers^  Commission  Books, 
Succession  and  Notification  Books^  Records  of  Certificates^  Appoint- 
ments^", Promotions,  &c.,  together  with  a  more  formal  series  of  Establish- 
ment Books"  and  some  assistance  from  Exchequer  Records  which  are 
no  longer  of  a  Departmental  nature'^.  More  nearly  related  to  the 
Accounts  are  the  Estimates,  Prices,  Surveys  of  Stores  and  other 
statistical  Records^^  the  value  of  which  diminishes  from  the  middle 
of  the  1 8th  century.  Following  these  are  the  Returns  made  or  at 
least  used  for  other  purposes  than  the  above,  such  as  the  Ships' 
Logs",  Regimental  Inspection  Reports^',  Court  Martial  Reports^*, 
&c.  As  for  the  common-place  books,  such  as  Precis  Books,  official 
Diaries,  Address  Books  and  Posting  Books  together  with  issue  books 
of  Records  for  official  reference,  these  too  will  have  their  uses  on 
occasions^^,  though  their  chief  interest  is  connected  with  topographical 
and  purely  Departmental  history. 

The  Deposited  Records,  which  come  last  of  all  in  this  structural 
classification,  may  be  distinguished  from  the  preceding  class  not  so 
much  in  respect  of  form  or  use  as  by  the  accident  of  their  official 
custody.  Some  of  these,  it  is  true,  are  rather  of  the  nature  of  legal 
Records  than  of  State  Papers,  and  their  classification  under  the  head 
of  Departmental  Records  is  doubtless  due  to  the  exigencies  of  a  dual 
controP^  In  course  of  time  many  of  these  will  doubtless  be  transferred 
to  their  natural  position  amongst  the  Public  Records,  and  therefore 
we  need  not  concern  ourselves  here  with  such  departmental  sources 

^  From  1 793  to  modern  times,  including  prisoners  of  war  and  convicts. 

'^  From  1819  to  1836,  including  Colonial  slaves  and  convicts. 

^  From  1800  onwards  for  both  services  chiefly  by  Order  of  Parliament. 

*  Of  soldiers  and  sailors  from  1800  onwards. 

^  Greenwich  Pensioners.  *  Ditto, 

^  e.g.  of  Army  Agents  and  Contractors. 

^  From  1684  onwards  (War  Office). 

®  e.g.  of  naval  officers  (Navy  Board). 

^"  e.g.  Appointment  Books  of  the  Lord  Chamberlairt's  Department. 

^'  e.g.  Royal  Household,  Army,  Custom-House,  &c. 

^2  The  Auditors'  Patent  Books  and  Pells  "  Appointment  Books  "  which  serve  as  a  key  to 
the  same. 

^  e.g.  for  the  Ordnance  Office  (1570  to  1855)  and  Navy  Board  (1651  to  1832). 

"  From  1670  to  modern  times.  ^'  From  1750  to  modern  times. 

"  Of  the  Admiralty,  1680  to  1839.     Those  for  the  War  Office  are  not  accounted  for. 

"  e.g.  for  the  purpose  of  dating  the  despatch  or  receipt  of  an  important  letter.  Some  of 
these  contain  exact  itineraries  of  the  King's  Messengers  over  the  whole  of  Europe ;  others 
show  on  what  occasions  certain  Papers  were  consulted  by  the  Ministers  of  George  III. 

'8  i.e.  by  the  respective  departments  under  the  charge  and  superintendence  of  the  Master 
of  the  Rolls.     Some  of  these  collections  are  already  deposited  in  official  custody. 


The  Analysis  of  Archives  99 

as  Ancient  Deeds,  Ministers'  Accounts,  Court  Rolls,  Rentals,  surveys 
and  the  like^  or  even  with  17th  century  newsletters  which  more 
properly  belong  to  the  State  Papers^  There  are  other  documents  of 
a  purely  personal  and  private  nature  preserved  in  these  Departmental 
collections*  and  others  again  which  have  a  legal  value  or  interest, 
whilst  a  few  so-called  Records  are  not  of  a  documentary  nature  at  all. 
Those  that  will  be  found  of  chief  value  for  historical  purposes  are 
the  muniments  of  the  several  expired  Commissions  and  dissolved 
Corporations  together  with  the  evidence  considered  in  respect  of 
various  international  Claims  and  Demands*,  whilst  Intercepted  Letters* 
and  Prize  Papers",  when  detached  from  the  In-Letters  to  which  they 
were  presumably  annexed,  are  frequently  of  great  historical  interest^. 
In  spite  of  the  obvious  advantage  of  an  analytical  method  of  research 
based  upon  the  structural  classification  of  the  Departmental  Records 
it  will  be  necessary  in  many  cases  to  ascertain  in  the  first  place  the 
technical  bearings  of  the  subject  before  it  can  be  assigned  to  its 
appropriate  sources.  Some  knowledge  therefore  of  the  official 
environment  of  the  departmental  Archives  will  be  necessary,  and 
this  can  to  a  certain  extent  be  obtained  from  a  study  of  printed 
works  of  reference  such  as  a  Biographical  Dictionary,  an  official 
Calendar,  and  a  book  of  Dignities,  to  supplement  the  information 
contained  in  Naval  and  Military  Histories,  particularly  for  individual 
regiments.  Histories  of  Treaties,  of  Trade,  of  the  Colonies  and  the 
general  political  and  constitutional  History  of  the  period  between 
the  Restoration  and  the  Reform  Bill. 

It  will  in  fact  be  found  that,  in  spite  of  the  scarcity  of  special 
historical  texts  for  this  later  period,  the  printed  literature  available 
is  far  more  extensive  and  serviceable  than  is  generally  supposed. 
In  many  cases  indeed  it  may  be  suspected  that  the  student  who  is  at 
the  pains  of  consulting  the  departmental  Archives  to  ascertain  a 
particular  fact,  has  not  troubled  to  ascertain  in  the  first  place  whether 

'  Amongst  the  Records  of  Greenwich  Hospital,  the  Ecclesiastical  Commissioners  and 
the  Land  Revenue  Record  Office. 

-  Amongst  the  Records  of  Greenwich  Hospital  (Miscellanea)  dating  from  1681  to  1695. 

*  e.g.  Wills,  Certificates,  and  Kflects  of  Soldiers  and  Sailors. 

*  e.g.  During  the  Seven  Years'  War,  the  American  War  of  Independence,  the  Napoleonic 
Wars  and  the  suppression  of  slavery,  amongst  the  Records  of  the  Treasury,  Audit  Office  and 
Foreign  Office.     For  details  see  the  printed  Guide. 

*  For  most  departments  but  especially  the  Foreign  Office  and  Admiralty. 

'  e.g.  Admiralty  Records,  some  of  the  most  interesting  of  these  are  also  found  in  the 
Foreign  Office  Records. 

'  e.g.  the  series  of  "Confidential  Miscellaneous"  in  the  Foreign  Office  and  the  "Secret 
Letters"  of  the  Admiralty  collection. 

7—2 


lOO  The  Analysis  of  Archives 

the  information  required  exists  in  a  well-known  work  of  reference 
such  as  the  Navy  or  Army  Lists,  the  Sessional  Papers  or  Biographies^ 
and  Memoirs  compiled  by  writers  who  have  already  placed  all  the 
original  Records  under  requisition.  At  the  same  time  after  making 
full  use  of  these  printed  sources  there  remains  ample  scope  for 
intelligent  researches  to  elucidate  numerous  historical  subjects  in 
regard  of  which  our  present  information  is  erroneous  or  defective. 
But,  as  previously  stated,  until  an  adequate  History  of  the  Public 
Departments  has  been  written  it  will  not  be  possible  for  the  historical 
student  to  make  a  satisfactory  use  of  their  Archives^ 

^  These,  it  is  well  known,  are  very  complete  on  the  naval,  military,  artistic  and  scientific 
sides,  but  singularly  incomplete  for  the  Diplomatic  and  Civil  Services. 

^  The  student  should  not  fail  to  make  full  use  of  the  special  information  on  this  subject 
in  the  official  Guide,  from  which  the  facts  contained  in  the  preceding  pages  have  been  largely 
derived. 


THE    BIBLIOGRAPHY   OF    ENGLISH    OFFICIAL 
HISTORICAL   DOCUMENTS. 


The  Bibliography  of  legal  Records,  State  Papers,  and  Depart- 
mental Records  in  official  custody  is  a  subject  which  presents 
considerable  difficulties  to  the  modern  investigator.  It  has  been 
frequently  stated  that  the  "  Science  of  Archives  "  as  cultivated  on  the 
Continent  is  practically  unknown  in  this  country^  and  whatever  quali- 
fications this  statement  may  require  it  is  certain  that  the  history  of  the 
national  Archives  has  not  been  exhaustively  treated  in  any  printed 
work  of  reference.  In  fact  our  knowledge  of  the  subject  is  to  a  great 
extent  based  upon  official  tradition  which  is  only  fitfully  preserved 
in  a  multitude  of  casual  inventories  and  disconnected  precedents. 
The  study  of  official  documents  has  not  yet  reached  a  literary 
method  of  expression,  and  it  is  far  behind  the  scientific  development 
of  the  Continental  "Archivwesen'V'  whilst  such  publications  as  exist 
deal  almost  exclusively  with  the  Public  Records  of  the  mediaeval 
period*. 

But  apart  from  this  science  of  Archives,  the  Bibliography  of 
official  documents  includes  a  large  number  of  Indexes,  Calendars 
and  Texts  of  various  forms  and  varying  merit,  whilst  certain  works 

'  Gross,  Sources  and  Literature,  pp.  56,  57,  and  section  n;  Giry,  A.,  Manuel  d* 
Diplomatique,  p.  39;  cf.  H.  R.  Tedder,  "  Proposal  for  a  Bibliography  of  National  History" 
in  Libr.  Chron.  ill.  185;  F.  Harrison,  "A  proposal  for  a  new  Historical  Biblic^raphy " 
in   Transactions  of  Royal  Historical  Society,   N.    S.    xi.  and  Athenaeum,   10  Sept.    1904, 

P-  .=549- 

•  For  the  Bibliography  of  this  subject  see  G.  Holtzinger,  Catechismus  der  Kegistratur  and 
Archivkutide,  p.  117;  F.  von  Loher,  Archivlehre,  p.  179;  von  Helfert,  Staailiches  Arckiv- 
wesen,  p.  31;  G.  Richou,  Traits  Pratique  des  Archives  Publiques  (1883);  H.  Bresslau, 
op.  cit.  I.  no;  E.  Lelong,  in  Repertoire  ghth-al  du  droit  fran^ais,  s.v.  "Archives  de 
I'histoire  de  France " ;  C.  A.  Burkhardt,  Hand-  und  Address- Buck  (1887);  Revue  Inter- 
nationale  des  Archives,  p.  \i,  1805 — 6  ;   Archivalische  Zeitschrift,  &c. 

'  e.g.  those  examined  by  the  Old  Record  Commission  (1800 — 1837).  Since  this  was 
written  several  scholarly  notices  have  appeared  in  the  prefaces  to  the  mediaeval  Calendars 
(Rolls  Series),  e.g.  Feudal  Aids  (Vol.  I.),  Patent  Rolls  (1317),  and  Charter  Rolls  (Vol.  I.). 


I02'  Bib'liogzaJ>hy  of  English  Official  Historical  Documents 

of'  research,' 'based  upon  original  Records  and  embodying  their 
contents  to  an  appreciable  extent,  are  deserving  of  at  least  as  much 
attention  as  the  historical  memoir  which  can  rank  as  a  text. 

In  the  first  place,  therefore,  it  will  be  desirable  to  classify  the 
printed  literature  relating  to  our  national  Archives,  and  such  a 
classification  may  be  suggested  on  the  following  plan: 

I.  Introductory  or  Auxiliary  to  the  Sources. 
{a)     Guides,  Handbooks  (of  MSS.). 

{b)     Bibliographies. 

{c)     Auxiliary  Studies  and  General  Works  of  Reference. 

II.  "  Versions  "  of  the  Sources. 

{a)  Inventories  or  descriptive  Catalogues  (of  MSS.). 

{b)  Calendars  and  Abstracts  of  Texts. 

{c)  Translations  of  Texts. 

{d)  Facsimiles  and  Transcripts  of  Texts. 

(e)  Texts  (Collections  and  Single  Texts). 

(/)  Excerpts  from  Texts  (Source  Books). 

III.  Modern  Works. 

{a)    Original  Compositions  (Individual,  Co-operative,  or  Periodi- 
cal), actually  based  on  printed  or  inedited  Archives. 
{U)     Special  Compilations  based  upon  these  Sources. 

If  we  apply  the  above  scheme  of  classification  to  the  three  great 
Judicial,  Secretarial  and  Departmental  collections  of  the  Public 
Records  it  would  be  found  that,  although  no  special  Bibliography 
is  available  for  the  mediaeval  or  later  periods,  a  fairly  complete 
knowledge  of  the  existing  printed  sources  for  the  former  can  be 
acquired  from  a  single  work\  The  publication  of  the  work  referred 
to,  which  practically  supersedes  all  previous  compilations,  renders  any 
individual  and  partial  attempt  to  indicate  the  chief  characteristics 
of  the  literature  of  English  official  sources  alike  needless  and 
unprofitable.  Side  by  side  with  this  indispensable  work  of  reference 
we  have  the  well-known  and  excellent  official  Guide  to  the  Public 
Records^  in  the  form  of  a  descriptive  inventory  which  contains  many 
references  to  official  Lists,  besides  printed  Calendars  and  texts.  To 
bring  our  knowledge  of  the  literature  dealing  with  the  early  Records 

^  Gross,  op.  cit.  For  the  official  sources  of  the  Continental  states,  so  far  as  they  concern 
the  student  of  English  History,  the  well-known  work  of  MM.  Langlois  and  Stein  already 
cited  will  be  found  invaluable,  with  special  bibliographies  such  as  M.  Gabr.  Monod's 
Bibliographic  de  Vhistoire  de  France. 

"  A  Guide  to  the  Public  Records,  by  S.  R.  Scargill-Bird  (1908). 


Bibliography  of  English  Official  Historical  Documents    103 

up-to-date,  we  should  need  to  consult  further  the  periodical  Catalogues 
of  H.M.  Stationery  Ofifice  and  the  announcements  of  recent  publica- 
tions by  learned  Societies'  or  by  the  University  Presses ^  together 
with  the  information  contained  in  certain  Periodicals'  and  other 
familiar  sources  of  bibliographical  information. 

For  the  subject-matter  of  the  later  legal  Records  and  for  that 
of  the  State  Papers  and  Departmental  Records  we  must  rely  solely 
upon  these  scattered  bibliographical  sources  in  default  of  any  satis- 
factory compendiiini*.  Even  so  a  large  proportion  of  our  information 
must  be  derived  from  foreign  publications,  since  the  modern  Archives 
are  rarely  consulted  by  English  students  except  for  professional  or 
genealogical  purposes'. 

Several  valuable  lists  of  documents  preserved  in  English  Archives 
which  especially  concern  the  history  of  Continental  countries  have 
been  published  in  France,  Belgium,  Holland,  &c.  in  addition  to  the 
American  Guide  above  referred  to.  To  these  must  be  added  col- 
lections like  those  of  Delpit,  Langlois  and  B^mont  based  on  special 

'  Some  of  these  are  Metropolitan  Societies,  like  the  Royal  Historical,  Selden,  and  Pipe 
Roll  Societies,  and  the  Society  of  Antiquaries,  whilst  others  are  local  and  for  the  most  part 
county  organizations.  A  list  (incomplete)  of  these  with  their  publications  will  be  found  in 
the  annual  "  Year  Book  "  and  in  the  Catalogues  of  the  British  Museum  {Academies)  and 
Society  of  Antiquaries.  For  Articles  only,  see  Gomme,  Index  of  Archaeological  Papers 
(1891,  &c.). 

"^  e.g.  of  Oxford  and  Cambridge,  London  (School  of  Economics),  Manchester,  Liverpool, 
&c.,  and  of  the  American  and  Continental  Universities  in  connexion  especially  with  Academic 
theses. 

'  e.g.  the  English  and  American  Historical  Reviews,  the  Athenaeum,  the  Revue  Historique, 
the  Deutsche  Zeitschrift  fiir  Geschichtswissenschaft,  the  Jahresberichte  der  Geschichtswissen- 
schaft.  Sec. 

*  The  older  works  of  bibliographical  reference  for  this  subject  such  as  Hardy's  Catalogue 
and  Edwards'  Libraries  are  now  out  of  date,  whilst  random  lists  of  works  containing  texts  of 
Records  or  State  Papers  like  that  printed  in  the  29th  Report  of  the  Deputy  Keeper  of 
the  Public  Records  are  of  little  value.  Far  more  important  contributions  to  the  Bibliography 
of  Archives  will  l)e  found  in  Dr  J.  F.  Jameson's  article  on  the  printed  sources  of  American 
History,  A.H.R.(  1 906),  and  the  Presidential  Address  of  Dr  G.  W.  Prothero  in  the  Transactions 
of  the  Royal  Historical  Society,  N.  S.,  Vol.  xvil.  The  well-known  work  by  Gardiner  and 
MuUinger  will  be  found  useful  for  the  later  period,  and  there  is  a  valuable  sketch  by 
Mrs  L.  C.  Lomas  of  the  materials  for  the  period  between  1603  and  1660  in  the  Transactions 
of  the  above  Society,  N.  S.  Vol.  xvi. 

A  scientific  Guide  to  the  American  sources  has  been  already  planned  and  is  in  prepara- 
tion under  the  direction  of  Prof.  Chas.  Andrews,  who  has  published  an  important  Article  on 
the  subject  in  the  American  Historical  Kevieiv  (1905). 

'  To  the  periodical  publicati<ms  usually  consulted  for  the  earlier  period  should  now  be 
added  the  Revue  d^Histoire  Diplomatique,  the  Archives  des  Missions  Scientifiques  et  Litti- 
raires,  the  Transactions  of  the  Russian  Imperial  Historical  Society  and  some  other  foreign 
historical  societies,  and  in  England  the  publications  of  the  Navy  Records  Society.  The 
admirably  conceived  Revue  Internationale  des  Archives,  &c.  unfortunately  did  not  survive 
the  first  year  of  publication  (1895 — 6). 


I04    Bibliography  of  English  Official  Historical  Documents 

researches  in  the  English  Archives  for  such  subjects  as  diplomatic 
relations,  social  conditions,  commercial  intercourse,  &c.  For  the 
modern  period  of  European  History  these  extraneous  researches 
naturally  become  more  numerous,  and  in  fact  there  are  few  historical 
subjects  of  European  importance  or  interest  that  would  not  be  repre- 
sented by  researches  of  foreign  scholars  in  the  London  Archives. 
These  have  been  published  abroad  and  must  often  be  sought  for 
in  foreign  Bibliographies.  On  the  other  hand  a  limited  number  of 
works  compiled  by  foreign  scholars  will  be  found  to  exist  which  deal 
with  subjects  of  purely  English  interest.  These,  especially  if  they 
should  attain  to  the  dignity  of  a  translation,  will  take  their  place 
eventually  side  by  side  with  the  native  authorities  for  the  subject,  and 
will  appear  accordingly  in  English  Bibliographies.  It  may  even  be 
desirable  to  indicate  the  existence  of  similar  conditions  in  the  case 
of  publications  due  to  the  national  enterprise  of  students  of  the  sister 
kingdoms  and  imperial  Colonies,  and  thus  we  should  be  prepared  to 
look  for  record  publications  concerning  Wales  to  the  national  Society 
of  that  Principality  and  to  the  governments  of  Canada  and  Australia 
for  the  titles  of  extensive  series  of  English  State  Papers  published 
at  Ottawa  or  Sydney. 

The  first  object  of  a  bibliographer  must  necessarily  be  the 
collection  and  arrangement  of  his  sources.  To  describe,  to  criticize 
and  even  to  reject  individual  works  might  be  found  a  somewhat 
thankless  task;  nor  is  it  altogether  prudent  to  discover  historical 
merit  in  obscure  and  ephemeral  publications.  The  Bibliography 
itself  may  be  intended  as  a  guide  to  students,  but  its  chief  use  will 
be  to  serve  as  a  book-index  for  book-makers \  A  purely  conven- 
tional view  of  the  object  and  scope  of  historical  study  is  thus,  in  a 
manner,  forced  upon  the  attention  of  the  Bibliographer,  for  he  is 
scarcely  justified  in  condemning  or  ignoring  works  which  conform 
to  the  general  acceptance  of  History  as  a  branch  of  literature  rather 
than  as  a  science^ 

The  only  escape  from  the  dilemma  of  unprofitable  controversy 
on  the  one  hand  and  of  unscientific  procedure  on  the  other,  would 
seem  to  lie  in  the  direction  of  a  rigid  classification  which  will  relegate 
works  of  a  certain  character  to  their  proper  rank  in  the  scale  of 
historical   research.     This   is  a   method   to  which  no  exception   can 

^  This  observation  is  intended  as  the  enunciation  of  a  simple  though  profound  truth, 
and  not  as  a  reflexion  on  an  industrious  class  of  students. 

*  Some  modern  scholars  are  inclined  to  solve  the  difficulty  by  an  arbitrary  selection, 
whilst  others  prefer  to  include  unscientific  works  for  the  purpose  of  denouncing  them. 


Bibliography  of  English  Official  Historical  Documents    105 

possibly  be  taken  on  technical  grounds,  whilst  it  is  one  that  will  not 
preclude  the  general  reader  or  professional  book-maker  from  reference 
to  congenial  authorities.  In  the  case  of  a  Bibliography  of  official 
historical  documents  the  position  is  much  simplified  by  the  obvious 
fact  that  such  a  compilation  cannot  include  any  work  which  does  not 
either  deal  directly  with  the  subject-matter  of  these  documents  or 
reproduce  their  evidence  to  a  material  extent.  The  only  real  difficulty 
which  arises  here  is  due  rather  to  defects  or  anomalies  of  earlier  official 
custody  than  to  any  inconsistency  in  respect  of  the  composition  of 
official  documents.  That  is  to  say,  we  may  meet  with  official  forms, 
possibly  unique  or  of  superior  merit,  in  private  custody  which  must 
be  ignored  for  the  purpose  of  the  present  enquiry.  To  relax  this 
rule  in  individual  cases  would  produce  graver  inconsistencies  than 
those  which  it  is  sought  to  avoid,  and  therefore  a  consideration  of 
these  several  missing  units  must  be  deferred  for  another  occasion. 
Here  then  it  only  remains  for  us  to  distinguish  accurately  between 
the  several  denominations  of  printed  works  legitimately  connected 
with  the  subject  in  hand.  With  this  object  in  view  we  may  perhaps 
have  recourse  to  the  provisional  classification  given  above.  This  of 
course  is  a  mere  enumeration  of  the  several  types  which  may  exist 
and  can  without  difficulty  be  stated  in  the  usual  form  of  a  Biblio- 
graphy. If  we  follow  the  main  outlines  of  that  which  is  now  in 
general  use  amongst  historical  scholars  for  the  mediaeval  period, 
namely  the  invaluable  work  of  Professor  Gross,  we  should  find  no 
difficulty  in  identifying  the  mediaeval  Bibliographies,  Lists,  Indexes, 
Calendars,  Texts  and  Original  Compositions  under  their  appropriate 
headings.  Bibliography  must  stand  as  an  essential  title.  Periodical 
Publications  which  are  usually  associated  with  works  of  reference 
must  clearly  be  relegated  to  another  position.  It  will  be  evident, 
however,  that  the  methodology  of  the  subject  is  represented  only  by 
certain  treatises  on  the  Public  Records,  for  we  are  concerned  here 
with  the  Science  of  Archives  rather  than  with  the  study  of  History. 
On  the  other  hand  the  auxiliary  studies  represented  by  Palaeography, 
Diplomatic  and  the  rest  are  of  great  importance  for  our  present 
purpose,  but  these  have  been  dealt  with  elsewhere.  Although  it  is 
sufficiently  difficult  to  find  any  work  of  real  utility  dealing  with  the 
resources  of  the  national  Archives  during  the  mediaeval  period  of 
documentary  history,  the  difficulty  is  increased  tenfold  in  the  case 
of  later  times,  and  even  if  a  comprehensive  survey  of  the  historical 
sources  of  this  later  period  were  at  our  disposal,  it  would  not  be 
found  to  include  references  to  any  works  affi^rding  reliable  information 


io6    Bibliography  of  English  Official  Histoidcal  Documents 

respecting  the  origin  and  use  of  the  State  Papers  and  Departmental 
Records. 

With  the  Printed  Lists,  Indexes  and  Calendars  the  case  is 
somewhat  different,  the  distribution  of  these  works  for  the  several 
periods  being  fairly  uniform  and  the  standard  of  quality  in  respect 
of  modern  works  remarkably  high.  Although  a  clear  distinction 
cannot  always  be  made  between  a  "  List "  and  a  "  Calendar,"  even 
in  the  latest  official  series,  the  conventional  distinction  may  be 
usefully  preserved  for  the  purpose  of  classification,  A  Calendar 
obviously  differs  from  an  Index  in-  giving  the  epitome  of  a  text 
or  texts.  In  one  sense  therefore  a  Calendar  is  a  text,  or  substituted 
text,  and  its  use  as  an  Index  or  List  is  merely  due  to  the  exigencies 
of  research.  In  an  ideal  condition  of  Archive-economy,  the  Index 
or  Inventory  would  answer  every  practical  purpose  and  the  Calendar 
might  well  be  dispensed  with,  for  as  a  substitute  for  a  text  (provided 
always  that  it  is  accessible)  the  latter  is  quite  unsatisfactory.  The 
contrast  between  our  own  practice  herein  and  that  of  foreign  countries 
is  very  noticeable  and  is  scarcely  to  our  advantage. 

Calendars  of  Archives  may  be  conveniently  grouped  in  three 
series  for  legal  Records,  State  Papers,  and  Departmental  Records 
respectively,  the  several  examples  of  which  are  familiar  to  every 
student.  Of  these  some,  as  has  been  observed  before,  are  properly 
Indexes,  whilst,  conversely,  many  Indexes  and  descriptive  Catalogues 
are  really  Calendars.  In  certain  cases,  moreover,  the  so-called  Calen- 
dar is  actually  a  text. 

Differing  somewhat  from  the  official  Calendars,  there  are  the 
private  publications  of  learned  societies  and  individual  scholars.  Here 
also  we  notice  an  increasing  tendency  to  substitute  for  an  actual  text 
a  version  of  the  original  MS.  which  is  considered  more  suitable  to 
the  taste  and  requirements  of  a  large  number  of  unlearned  subscribers. 
The  conventional  titles  given  above  might  well  be  utilized  for  this 
type  of  publication,  but  it  would  be  found  that  many  partial  Lists 
or  Abstracts  are  contained  in  private  works  and  even  in  periodicals. 
The  published  Lists,  Indexes  or  Calendars  to  be  thus  included  under 
the  head  of  Archives  might  therefore  be  distinguished  as  official'  and 

'  For  a  list  of  ancient  Indexes,  &c.,  see  D.  K.  i^th  and  ^\st  Reports^  but  we  know 
that  the  old  race  of  officials  was  chary  of  making,  or  at  least  of  publishing,  Indexes  from 
interested  motives.  Some  of  the  early  printed  Indexes  are  still  useful,  e.g.  Carte  {French 
Rolls),  Jones  {Memoranda  Rolls),  whilst  the  Indices  Rerum  of  the  Record  Commissioners, 
"Calendars"  of  Patent  Rolls,  &c.,  are  often  helpful.  The  early  Reports  of  the  Deputy 
Keeper  are  also  a  mine  of  information,  though  a  general  Index  to  the  40 — 51  Reports  is 
badly  needed.     It   is   unnecessary   either  to  describe   or  to   praise  the  modern    series  of 


Bibliography  of  English  Official  Historical  Documents    107 

private  publications  with  further  reference  to  date  and  form  of  pub- 
lication, distinctions  which  may  be  conveniently  indicated  in  the  case 
of  the  remaining  divisions  of  Record  publications. 

The  above  mentioned  subjects  are  of  a  somewhat  special  character 
and  admit  of  subdivision  for  the  most  part  only  in  respect  of 
their  chronological  order.  The  large  class  of  texts,  however,  must 
be  arranged  according  to  the  usual  method  employed  in  the  case 
of  general  sources.  One  such  classification  will  be  chronological. 
Another  will  follow  the  recognized  subjects  of  historical  study,  and 
these  publications  may  again  be  conveniently  divided  according  to 
their  published  form.  But  in  the  first  place,  the  producing  agency, 
as  we  have  already  seen,  may  be  distinguished  with  some  advantage. 
Thus  we  may  recognize  the  agency  of  the  State,  of  societies  and 
other  corporate  bodies  and  of  private  scholars  respectively.  Abroad, 
however,  the  royal  academies  may  really  be  regarded  as  State 
departments  for  this  purpose,  and  the  same  remark  applies  to  the 
national  "  Schools "  of  Archive-study  at  Rome. 

The  distinction  is  to  our  own  national  disadvantage,  since  in 
keeping  with  the  non-recognition  by  the  State  of  the  British  Academy 
and  the  British  School  at  Rome,  we  have  no  departmental  agencies 
such  as  the  Ecoles  des  Chartes,  the  section  Historiqiie  or  Archives 
Diplomatiques  of  the  French  War  and  Foreign  Offices  or  the  Royal 
Commissions  of  Italy  and  other  countries.  In  the  case  of  our  own 
meagre  State  publications  it  is  possible  to  distinguish  further  the 
several  departmental  agencies,  whilst  in  the  case  of  learned  societies 
we  notice,  besides  the  usual  distinction  of  central  and  local  publica- 
tions, the  topographical  scope  of  enterprises  that  are  either  regional, 
county  or  parochial  in  their  local  interest.  These  distinctions 
apply  chiefly  to  the  mediaeval  period.  In  later  times  institutional 
subjects  are  more  in  evidence.  A  classification  of  these  archival 
texts  in  point  of  date  is  concerned  chiefly  with  a  distinction  between 
the  ancient  and  modern  series  in  respect  of  publication,  and  also 
between  the  mediaeval  and  modern  periods  of  historical  events. 

Here  we  may  easily  notice  distinctions,  on  the  one  hand  between 

"Indexes  and  Lists"  devised  by  Sir  Henry  Maxwell  Lyte.  Besides  these  official  publi- 
cations and  numerous  MS.  Indexes  of  both  ancient  and  modern  date,  there  are  Indexes 
printed  by  private  enterprise  (Rye,  Selby,  Phillimore,  &c.).  The  inventories  prepared  as 
the  result  of  the  "missions"  of  foreign  scholars  previously  referred  to,  though  didactic  in 
their  general  purpose,  form  admirable  Indexes  to  several  collections  of  Records.  Of  a 
purely  bibliographical  character  are  the  general  Indexes  to  the  contents  of  several  important 
collections  of  printed  texts,  whilst  from  another  point  of  view  the  Index  must  be  carefully 
distinguished  from  the  List  of  Records. 


io8    Bibliography  of  English  Official  Historical  Documents 

the  style  and  quality  of  the  earlier  and  later  editions,  and  on  the 
other  hand  between  the  attention  given  to  the  mediaeval  and  modern 
periods  respectively.  Perhaps  we  should  come  to  the  conclusion 
that,  whilst  the  merit  of  the  older  Record  editions  cannot  for 
a  moment  be  compared  with  that  of  the  modern  editions  of  Chronicles 
and  other  unofficial  MSS.,  their  value  is  greatly  enhanced  by  the 
paucity  of  modern  texts,  which,  as  we  have  seen,  have  been  dis- 
continued since  the  days  of  the  old  Record  Commission  in  favour 
of  Calendars.  Moreover  such  texts  as  exist  are  largely  excerpts  due 
to  local  interest  and  are  disfigured  by  the  use  of  Record-type.  This 
remark  applies  to  the  mediaeval  period  only,  for  the  later  legal 
Records  are  as  yet  an  unexplored  field.  For  modern  times  there 
is  a  considerable  bulk  of  texts,  but  these  in  most  cases  are  of 
secondary  value.  In  fact  whilst  we  have  to  be  content  with 
somewhat  inadequate  Calendars  of  the  main  series  of  State  Papers, 
we  have  been  favoured  with  an  abundant  supply  of  texts  of  memoirs, 
journals,  and  newsletters,  selected  chiefly  for  their  sensational  interest. 
It  is  true  that  Rymer  is  still  available  through  the  17th  century,  but 
for  the  later  period  the  selections  are  as  unintelligent  as  for  the  earlier 
period  the  texts  themselves  are  untrustworthy,  whilst  the  old 
collections  of  printed  State  Papers,  whether  of  official  or  semi-official 
origin,  can  scarcely  be  regarded  as  working  texts.  When  we  come  to 
the  i8th  century  we  find  a  diminishing  supply  of  texts  with  a  rapidly 
increasing  bulk  of  State  Documents.  It  is  true  that  we  have  various 
extensive  editions  of  Despatches,  notably  those  of  Marlborough, 
Nelson  and  Wellington,  but  the  originals  are  not  all  in  official 
custody  ^  Moreover  more  than  one  of  these  editions  are  composed 
of  arbitrary  selections  from  a  great  mass  of  papers  and  do  not 
in  any  way  represent  the  nature  or  value  of  the  collections  with 
which  they  deal.  It  is  impossible  to  review  here  the  several  series 
of  existing  texts  of  official  documents,  but  if  we  could  do  so, 
we  should  be  reluctantly  forced  to  conclude  that  in  the  case  of  the 
legal  Records,  the  State  Papers  and  Departmental  Records  alike, 
the  existing  texts  are  not  only  generally  inadequate  but  also  in- 
complete; neither  is  there  any  prospect  of  an  immediate  improvement 
in  the  existing  conditions. 

In  our  classification  of  these  texts  it  will  be  useful  to  indi- 
cate the  chief  historical  subjects  that  may  be  materially  illustrated 
by  this  class  of  evidence.     For  the  mediaeval  period  these  headings 

^  In  the  case  of  the  editions  of  the  Chatham  and  CornwaUis  correspoRdence  a  similar 
objection  can  now  only  partially  apply. 


Bibliography  of  English  Official  Historical  Documents    109 

are  already  made,  but  for  the  official  documents  of  a  later  period 
some  new  headings  must  be  introduced.  Specimens  have  been  given 
in  an  Appendix.  Again  it  may  be  noted  that,  although  every  text 
which  has  not  been  practically  superseded  should  find  a  place  in  this 
bibliographical  section,  care  must  be  taken  to  distinguish  between 
texts  of  merit  in  respect  of  scholarship  and  those  of  a  serviceable 
character.  It  is  even  more  necessary  to  make  a  distinction  between 
completed  texts  and  editions  which  present  a  garbled  version  of  the 
original  text  or  merely  selected  passages.  Finally  it  will  be  found 
that  numerous  texts,  often  of  considerable  value,  are  published  in 
various  collections  or  periodicals,  and  here  too  the  form  of  pub- 
lication should  be  carefully  indicated,  with  a  note  of  any  reissue  of 
the  document  in  a  permanent  form. 

The  class  of  original  compositions  based  directly  or  indirectly, 
ostensibly  or  actually,  upon  documentary  texts,  manuscript  or  printed, 
might  appear  to  be  an  even  more  extensive  one  than  the  preceding. 
Its  extent,  however,  must  for  the  present  really  depend  upon  the 
process  of  selection  which  may  be  employed.  It  is  perfectly  clear 
that  in  very  many  instances  a  general  claim  to  the  merit  of  original 
research  has  become  almost  a  meaningless  formula.  But  whatever 
its  justification  may  be  in  respect  of  historical  sources  at  large,  the 
mere  fact  of  the  use  or  reproduction  of  specific  historical  documents 
can  be  easily  decided.  There  are  in  fact  original  works  which 
traverse  the  evidence  of  documents  almost  as  closely  as  an  official 
calendar,  and  there  are  others  which  either  skilfully  assimilate  this 
evidence  or  grossly  pervert  its  meaning.  The  omission  of  such 
reference  can  at  least  be  positively  demonstrated,  and  for  the  present 
this  must  perhaps  serve  as  the  only  conclusive  test  of  the  scope 
of  such  original  historical  compositions.  For  this  reason  alone  it 
would  certainly  be  desirable  that  every  work  which  claims  to  be 
based  upon  official  documents  should  be  furnished  with  a  table  of 
such  documents  in  addition  to  the  usual  list  of  authorities,  for 
hitherto  this  practice  has  not  been  generally  adopted. 

In  the  case  of  these  original  works,  a  useful  distinction  may  per- 
haps be  made  between  those  of  early  and  recent  date  respectively. 
The  former  class  is  characterized  by  the  large  number  of  docu- 
ments printed  in  the  body  of  the  work  or  in  the  footnotes,  and  the 
latter  by  a  more  critical  and  judicious  use  of  this  official  evidence, 
the  actual  texts  being  given,  when  desirable,  in  an  appendix.  It 
is  moreover  an  interesting  fact  that  in  certain  cases  the  texts  of 
documents,  which  cannot   now  be  identified,  have   been    preserved 


1 1  o    Bibliography  of  English  Official  Historical  Documents 

in  original  publications  of  an  early  date.  It  will  be  obvious  that 
originality  of  thought  or  design  may  be  recognized  not  only  in 
conventional  historical  narratives,  instructive  treatises,  or  occasional 
essays,  but  also  in  the  preparation  of  the  Texts  themselves,  in  the 
selection  or  presentment  thereof,  and  in  their  translation.  This 
view  of  the  subject  will  certainly  extend  to  works  dealing  with  the 
auxiliary  studies  of  history  and  historical  methodology,  although 
in  accordance  with  the  conventional  system  of  bibliographical  classi- 
fication we  have  placed  these  several  forms  of  historical  publications 
under  other  heads. 

In  this  section  of  our  classification  it  is  also  possible  to  enumerate 
certain  subjects  that  appear  to  have  attracted  the  special  attention 
of  historical  writers  in  connexion  with  the  mediaeval  and  modern 
periods  respectively.  The  list  could  doubtless  be  extended  without 
much  difiiculty,  but  it  will  serve  to  remind  us  of  an  instructive 
phenomenon  of  our  historical  literature.  The  unequal  distribution 
of  historical  research  is  very  apparent  from  such  a  classification  of 
its  results  and  it  is  still  more  obvious  to  those  who  have  the  charge 
of  archives.  Why  so  much  has  been  written  on  certain  favourite 
subjects,  and  so  little  on  others  that  are  obscure  or  uninviting,  can 
easily  be  explained.  These  oft  chosen  subjects,  it  would  be  found, 
appeal  to  our  political  or  religious  temperament  or  to  our  imagination. 
Certain  constitutional  theories  must  be  maintained,  and  so  Magna 
Carta,  the  Reformation,  the  Great  Rebellion  and  the  Revolution  have 
their  votaries.  Commercial  and  agrarian  systems  must  be  expounded, 
and  so  we  dwell  lovingly  on  Domesday  Book,  the  Villeins'  insur- 
rections, the  Gild  Ordinances,  and  the  Navigation  Laws.  Great 
disasters  like  the  Black  Death,  the  Plague  and  the  Fire  of  London, 
and  conflicts  like  the  Spanish  Armada,  the  battles  of  Trafalgar  and 
Waterloo,  and  the  Napoleonic  invasion  appeal  to  our  sense  of  national 
pride  or  security.  Doubtless  many  readable  books  and  a  {^^■j  valuable 
contributions  to  learning  have  resulted  from  this  trivial  round  of 
historical  enquiry,  but  the  sum  of  our  real  knowledge  of  the  national 
history  is  not  largely  increased  by  this  restriction  of  our  investi- 
gations. 


X 

I— H 

Q 
W 

Oh 

< 


o 

o 
o 


n 


o 

H 

_) 
o 
> 

w 

u 
X 
H 

o 
o 


^^ 

c 

^h 

V.     S 

T^ 

—•^ 

..■§■5:. 


«  ^"^ 


-1       ^    kJ^ 


H  g 


S-h 


o: 


"I 


.«S- 


3^ 


u 


c  -^ 

Ol    3 

.S  w) 
•5.S 

•5  1* 


S3     « 


U    5    Bt 


•5  5:-^ 


^  "-a  SCJu  Su 
S  c  I  ^  jjx)'"  v.  •* 

^2     oo"3\'o'     ■^'fT 


0-2       a 

-3  "i!  « 


112  Appendix  I 


B.     Metropolitan  Record  Repositories^ 

(showing  the  distribution  of  the  Records  before  the  Public 
Record  Office  Act  of  1838). 
Westminster, 
i.     Treasuries^. 

{a)  The  Abbey  Treasury  (Wardrobe,  Exchequer,  King's  Court). 
{b)  The  Palace  Treasury  (Exchequer  and  King's  Court). 

ii.     General  Repository  I     The  Chapter  House  (Abbey), 
iii.     Repositories  of  the  Court  of  Exchequer'*. 
(a)  Exchequer  of  Account,  including : 

Pipe  office  [Lincoln's  Inn]. 

Lease  office  [Gray's  Inn]. 

King's  Remembrancer  [Temple]. 

Lord  Treasurer's  Remembrancer  [Temple]. 

Foreign  Apposer  [Somerset  House]. 

Surveyor  of  Greenwax  [Somerset  House]. 

Auditors  of  the  Land  Revenue. 

Surveyor-General  of  Crown  Lands. 

Auditors  of  the  Imprest. 

Augmentation  office. 

First  Fruits  and  Tenths  office  [Temple]. 
{b)  Exchequer  of  Receipt ^  including : 

Auditors. 

Tellers. 

Pells. 

Tally  Court. 

^  This  list  is  compiled  from  the  Reports  of  the  Parliamentary  Conmiittees  and  Record 
Commissioners  in  1800,  but  although  it  may  sufficiently  indicate  the  devolution  of  the 
ancient  Treasuries  of  Records,  it  is  by  no  means  complete.  For  further  particulars  see  the 
2nd  and  following  Reports  of  the  Deputy  Keeper  (e.g.  20th  Report,  Appx.  p.  191).  It  is 
scarcely  necessary  to  notice  the  intermediate  Repositories  between  the  Act  of  1838  and  the 
final  transfer  of  the  Records  to  the  Repository  in  Fetter  Lane. 

^  Including  the  ancient  treasuries  within  the  Abbey,  that  of  the  Exchequer  adjoining  the 
Palace  and  the  treasuries  of  the  Common  Law  Courts  within  the  Palace  itself. 

^  This  was  the  virtual  successor  of  the  Abbey  and  Exchequer  Treasuries. 

*  The  address  in  brackets  indicates  the  position  of  the  working  Department  where 
usually  the  bulk  of  its  Records  were  also  preserved.  In  the  case  of  the  Departments  to 
which  no  such  indication  is  appended,  the  Records  appear  to  have  been  preserved  at 
Westminster.  From  1800  there  was  a  tendency  towards  centralization  in  temporary  reposi- 
tories such  as  Somerset  House,  Carlton  House,  &c.  instead  of  the  Inns  of  Court,  &c. 

"  The  Records  of  this  Court  formed  the  bulk  of  those  deposited  in  the  Exchequer 
Treasury  in  later  times.    For  details  of  their  distribution,  cf.  D.  K.  -fth  Report,  Appx.  ii.  p.  3. 


Appendix  I  113 

(c)  Exchequer  of  Pleas S  including: 
Plea  Office  [Lincoln's  Inn]. 
Clerk  of  the  Errors,  &c.  [Sergeants'  Inn,  &c.]. 

iv.     Repositories  of  the  Court  of  King's  Bench ^ : 
King's  Bench  "  Treasury." 
Gustos  Brevium  [Temple]. 
King's  Bench  Office  [Temple]. 
Crown  Office  [Temple]. 

V.     Repositories  of  the  Court  of  Common  Pleas* : 
Common  Pleas  Treasury. 
Clerk  of  the  Warrants,  &c.  [Temple]. 
Custos  Brevium  [Temple]. 
Chirographer's  Office  [Temple]. 

vi.     Repositories  of  Special  Courts  (derived  from  the  King's  Council)* : 
Court  of  Requests. 
Star  Chamber. 
Court  of  Wards  and  Liveries. 

vii.     Repositories  of  Household  Courts': 

Marshalsea  [Southwark]. 
viii.     Repositories  of  Honour  Courts': 

'  The  Records  were  chiefly  deposited  in  Westminster  Hall. 

*  Several  other  departments  of  the  King's  Bench  were  not  situated  at  Westminster  and 
their  Records  were  neither  deposited  nor  transmitted  there  (see  D.  K.  70th  Report,  Appx. 
191  sqq.).     The  Welsh  Records  were  preserved  locally  till  1854  (see  below,  Appendix  I.  c). 

*  The  following  departments  of  the  Common  Pleas  were  not  situated  at  Westminster 
though  their  Records  were  chiefly  deposited  or  transmitted  there  : 

Clerk  of  the  Essoins  [Temple]. 

Reversals  of  Outlawry  Office  [Temple]. 

Filacer  [Temple]. 

King's  Silver  Office  [Temple]. 

Alienation  Office  [Temple]. 

Return  Office  [Temple]. 

*  These  were  akin  to  the  Chancery  in  point  of  procedure  and  of  much  later  date  than 
the  other  Courts  of  Law  at  Westminster.  Their  position  here  is  proljably  connected  with 
the  vicinity  of  the  palace  of  Whitehall.  It  is  well  known  that  the  Decrees  of  the  Star 
Chamber  were  last  heard  of  in  Smith  field  where  records  are  occasionally  found  in  the  earlier 
period.  The  Records  of  the  Court  of  the  Lord  President  of  Wales  and  the  Marches  and 
those  of  the  Council  of  the  North  and  of  the  Court  of  High  Commission  were  probably 
destroyed  during  the  Commonwealth. 

'  The  Placita  Aulae  dating  from  the  13th  century  are  the  best  known  Records  of  this 
court  (cf.  Fleta,  li.  14).  The  following  departments  of  the  Household  were  not  situated 
normally  at  Westminster  nor  were  their  Records  deposited  there  : 

Lord  Chamberlain's  Office  [St  Janies's  Palace]. 

Lord  Steward's  Office  [St  James's  Palace]. 

*  The  Records  of  the  Duchy  of  Lancaster  were  at  one  time  deposited  at  Westminster. 
The  Records  of  Chester  were  preserved  locally  like  other  Welsh  Records  and  those  of  the 
Duchy  of  Cornwall.     The  Palatinate  of  Durham  was  not  vested  in  the  Crown  till  183J. 

H.  8 


114  Appendix  I 

Temple.     See  above  Nos.  iii.,  iv.,  v.,  and  below  under  Rolls  Chapel. 

Tower  of  London. 

i.     Treasury  (Wardrobe  and  Chancery)  \ 

ii.     General  Repository  (Early  Chancery  Rolls,  &c.). 

Rolls  ChapeP. 

i.     General  Repository  ^ 

ii.     Subsidiary  Repositories^  including  : 

Petty  Bag  Office  [Rolls  Yard]. 

Six  Clerks  Office  [Rolls  Yard]. 

Inrolment  Office  [Chancery  Lane], 
iii.     Independent  Repositories ^  including  : 

Masters  in  Chancery  [Symonds'  Inn,  &c.]. 

Prothonotary's  Office  [Temple]. 

Hanaper  Office  [Chancery  Lane]. 

Cursitor's  Office  [Chancery  Lane]. 

Clerk  of  the  Crown  [Rolls  Yard]. 

Subpoena  Office  [Rolls  Yard]. 

Clerk  of  the  Custodies  [Temple]. 
,,         „        Dispensations  [Temple]. 
„         „        Letters  Patent  [Adelphi]. 

Bankrupts'  Patentee  Office  [Lincoln's  Inn]. 

Inrolment  Office  in  Bankruptcy  [Chancery  Lane]. 

Examiner's  Office  [Rolls  Yard]. 

Register  of  Affidavits  [Symonds'  Inn]. 

Report  Office  [Chancery  Lane]. 

Accountant  General's  Office  [Chancery  Lane]. 

Crown  Office  [Clifford's  Inn]. 

^  Apparently  in  Caesar's  Tower  before  1360  and  after  that  date  in  the  Wakefield  Tower. 
The  Ordnance  Records  were  preserved  here  with  those  of  the  Great  Wardrobe,  but  the 
Records  of  the  Privy  Seal  Office  were  preserved  elsewhere.  The  Records  relating  to  the 
garrison  and  prisoners  are  still  preserved  in  the  Constable's  custody,  but  those  relating  to 
the  Liberty  have  been  apparently  dispersed.  Cf.  J.  Bayley,  History  of  the  Totver  of 
London,  11.  Appx.,  War  Office,  Ordnance,  Miscellanea,  1073,  and  D.  K.  ^oth  Report, 
Appx.,  313. 

^  The  Records  were  preserved  partly  in  the  body  of  the  Chapel  and  partly  in  a  room 
under  the  roof.     Some  were  found  in  the  Rolls  House  itself  in  1717. 

*  This  was  the  real  nucleus  of  the  Public  Record  Office  subsequent  to  the  Act  of  1838, 
the  General  Repositories  at  the  Tower  and  Westminster  being  regarded  as  branch  offices. 

*  The  departmental  Records  of  the  Chancery  were  chiefly  preserved  in  private  or  official 
buildings  in  the  neighbourhood  of  Chancery  Lane,  and  in  the  case  of  the  offices  mentioned 
below  the  Records  were  regularly  transmitted  to  the  Rolls  Chapel  or  direct  to  the  Tower  by 
warrant  of  the  Master  of  the  Rolls. 

*  \\\  the  case  of  other  departments,  mentioned  below,  the  Records  were  not  transmitted 
and  an  independent  custody  thereof  was  claimed  by  the  clerks. 


Appendix  I  115 


C.     Repositories  of  Welsh  Records^ 

i.     Chester  Circuit.     Chester  Castle. 
•Montgomery. 

Welshpool. 
•Denbigh. 
*Wrexham. 

Ruthin. 

ii.     North   Wales  Circuit.     Caernarvon. 

Dolgelly. 

iii.     Brecknock  Circuit.     Brecknock. 
Presteign. 
Cardiff. 

iv.     Caermarthen  Circuit.     Caermarthen. 

Cardigan. 
Haverfordwest. 

D.     Existing  Repositories  of  Official  Records. 

Many  ancient  and  valuable  Records  continued  to  be  preserved  in  depart 
mental  repositories  after  the  passing  of  the  Public  Record  Office  Act  of  1838^ 
Of  these,  however,  the  greater  part  have  now  been  deposited  in  the  Public 
Record  office,  including  the  residue  of  the  outstanding  judicial  Records'  and 

'  These  repositories  have  been  practically  disused  except  for  the  custody  of  the  normal 
"  Local  Records  "  (see  above,  p.  22)  since  the  removal  of  the  Welsh  Records  to  London  in 
1854.  The  repositories  marked  with  an  asterisk  had  been  virtually  abandoned  before  the 
date  of  that  removal  {^Deputy  Keeper's  Sth  Report,  Appx.  i.  p.  36).  It  should  be  noted  that 
the  Records  were  not  entirely  preserved  in  these  castles,  or  shirehalls,  or  churches  (as  the 
case  might  lie),  but  were  apparently  preserved  in  part  in  the  private  dwellings  of  their 
official  custodians.  As  in  the  case  of  Scotland  or  of  Ireland  (above,  p.  ai)  certain  native 
Records  were  doubtless  conveyed  to  London  during  the  English  occupation.  The  Records 
of  the  "Council  of  Wales"  formerly  preserved  at  Ludlow  have  now  disappeared  (C.  A.  J. 
Skeel,  The  Coumil  in  the  Marches  of  Wales,  p.  viisqq.);  but  even  in  the  reign  of  Queen 
Elizal)eth  they  seem  to  have  been  carelessly  preserved  (5.  P.  Dom.  Eliz.  Appx.  xxvii.  95). 
The  names  of  the  patentees  holding  the  office  of  clerk  of  the  Council  of  Wales  and  the 
Marches  after  the  Restoration  will  lie  found  in  the  Signet  Office  Docquet  Book,  April  1661, 
a  clue  which  might  lie  followed  up  with  advantiige.  The  English  Records  relating  to  Wales 
form  part  of  the  general  series  of  Public  Records,  and  others  may  be  found  in  the  Land 
Revenue  collection  recently  transferred  to  the  Public  Record  Office.  There  are  also  originals 
or  transcripts  in  private  collections  and  diplomatic  correspondence  in  foreign  Archives ;  cf, 
E.  Owen,  Catalogue  of  MSS.  relating  to  Wales  in  the  British  Museum. 

»  Cf.  D.  K.  ii.th  Report,  p.  xxi. 

'  The  outstanding  Records  of  the  Chancery,  the  Courts  of  King's  Bench,  Common 
Pleas  and  Exchecjucr,  and  the  Admiralty  and  Prolwte  Registries,  together  with  s<ime  frag- 
mentary proceedings  of  the  old  Palace  Courts  and  the  valuable  Records  of  the  Palatinate  of 
Durham. 

8—2 


1 1 6  Appendix  I 

the  ancient  muniments  acquired  by  the  Ecclesiastical  Commissioners^,  the 
former  Commissioners  of  Greenwich  Hospital^  and  the  Commissioners  of 
Woods  and  Forests  as  the  successors  of  the  Auditors  of  Land  Revenues 
(Land  Revenue  Records)-.  However  some  actual  Records,  connected  with 
or  continued  from  the  series  in  official  custody,  are  still  preserved  in  certain 
repositories  situated  both  in  London  and  in  the  provinces.  The  most 
important  of  these  are  contained  in  the  following  list,  which  does  not,  of 
course,  include  collections  of  State  Papers  or  Departmental  Records  (which 
will  be  treated  in  the  present  volume  under  separate  headings),  neither 
does  it  include  such  Records  as  have  been  palpably  abandoned  by  the  Crown 
itself,  and  which,  therefore,  no  longer  fall  within  the  category  of  official 
Records*. 

The  same  exception  must  be  held  to  apply  to  the  large  class  of  so-called 
"  Local  Records,"  which  a  strict  interpretation  of  the  Public  Record  Office 
Act  of  1838  and  of  the  complementary  Order  in  Council  of  March  5,  1852, 
supplemented  by  the  specific  directions  of  certain  recent  enactments,  might 
logically  affect*.  As  stated  above  (p.  22),  however,  the  inclusion  of  these 
so-called  "  Records^ "  in  any  existing  scheme  of  Record  classification  cannot 
be  justified  on  historical  or  scientific  grounds,  however  desirable  this  con- 
summation might  appear  on  those  of  public  policy  or  national  sentiment. 
For  the  purpose  of  the  present  survey  these  "  Local  Records "  will  be 
considered  as  private  or  unofficial  Records,  and  as  such  they  must  be 
reserved  for  treatment  on  another  occasion. 

^  These  Records  consist  of  the  manorial  evidences  which  came  into  the  possession  of  the 
Commissioners  when  they  took  over  the  administration  of  certain  ancient  estates.  It  must 
be  observed,  however,  that  these  Records  have  been  merely  "deposited"  in  the  custody  of 
the  Master  of  the  Rolls,  although  they  form  part  of  a  series  of  manorial  evidences  of  which 
a  large  proportion  was  already  preserved  amongst  the  Public  Records. 

*  These  include  apparently  Exchequer  Records  which  had  probably  been  used  for 
reference  when  the  Auditors'  department  was  situated  in  Westminster  Palace.  For  Exchequer 
Records  left  behind  at  Westminster,  cf.  D.  K.  ^6th  Report,  p.  5. 

*  e.g.  the  Proceedings  of  the  President  and  Council  in  the  Marches  of  Wales  (cf.  13M 
Rep.  Hist.  MSS.  Comvin.  Appx.  iv.  pp.  247 — 282),  and  the  Records  of  dissolved  corporations 
assigned  to  public  institutions  or  local  repositories  by  the  Treasury,  the  Local  Government 
Board  and  the  Charity  Commissioners  (e.g.  Records  of  the  South  Sea  Company,  presented 
by  the  Treasury  to  the  British  Museum).  For  the  Records  of  similar  bodies  in  official  custody, 
cf.  p.  126. 

*  e.g.  the  Births,  Marriages  and  Deaths  Registration  Act  (1874),  the  Municipal  Corpora- 
tions Act  (1883)  and  the  Local  Government  Act  (1894).  Under  these  and  preceding  Acts,  the 
official  nature  of  such  documents  as  Registers  of  Births,  &c.,  Inclosure  Awards  and  Tithe  Maps 
and  Legislative  exhibits  seems  to  have  been  pretty  clearly  established.  In  another  aspect, 
moreover,  the  supervision  of  such  Local  Records  is  vested  by  these  recent  Acts  in  a  delegated 
authority  (Local  Government  Board,  Charity  Commissioners,  Board  of  Agriculture,  County 
Council),  thus  dispensing  with  the  powers  given  under  the  Act  of  1838  and  the  Order  in 
Council  of  1852. 

^  Most  of  these  are  briefly  described  in  the  Report  of  the  Treasury  Committee  on  Local 
Records  (1902).     As  to  Parish  Registers,  cf.  also  D.  K.  i%th—20th  Reports. 


Appendix  I  117 

E.     List  of  existing  Repositories  of  Official  Records, 

ADDITIONAL   TO   THE   PUBLIC   RECORD    OFFICE^ 

{a)     Central. 

Royal  Courts  of  Justice^. 
Houses  of  Parliament^. 
Somerset  House  (General  Registry)*. 
Board  of  Trade  (Patent  Office)'. 
Board  of  Agriculture*. 
Land  Registry  Office  ^ 
Ecclesiastical  Commission*. 
Queen  Anne's  Bounty  Office. 
Privy  Council  Office". 

ip)    Local. 

Clerks  of  Assizes'". 
Clerks  of  the  Peace". 

^  This  list,  which  is  probably  by  no  means  exhaustive,  only  includes  such  typical  Records 
as  may  be  closely  compared  with  the  legal  Records  in  the  custody  of  the  Master  of  the  Rolls. 
Departmental  Records  are  excluded,  and  will  be  referred  to  elsewhere.  This  list  is  compiled 
from  the  Deputy  Keeper's  Reports  and  the  official  Guide. 

*  Including  the  current  Records  of  the  Admiralty  Registry  and  the  King's  Remembrancer's 
Office.  Important  Crown  Office  Records  were  transferred  as  recently  as  1906.  For  the 
present  distribution  of  the  judicial  Records,  see  the  official  Guide,  p.  296. 

'  It  is  not  suggested  that  the  Records  preserved  in  the  Houses  of  Parliament  are  the 
property  of  the  Crown  in  the  sense  of  the  Act  of  1838  or  the  Order  in  Council  of  1852. 
From  a  historical  point  of  view,  however,  these  are  legal  Records  in  the  truest  sense. 

*  Wills  and  Registers. 

*  I-egal  Records  periodically  transmitted  to  the  Public  Record  Office. 

*  Tithe  Maps,  &c. 

'  Enrolments  of  Titles,  &c.  to  land  in  Middlesex. 

*  Some  early  Records  still  retained. 

'  Registers  and  State  Papers.  Those  prior  to  the  year  1600  have  been  recently  trans- 
mitted to  the  Public  Record  Office. 

'"  From  the  analogy  of  the  delivery  of  the  Records  of  the  Justices  of  Assize  into  the 
Treasury  and  from  the  directions  contained  in  9  Edw.  Ill,  (i)  c.  5,  and  11  Hen.  IV,  c.  3  we 
might  certainly  conclude  that  these  are  Records  under  the  Act  of  1838  (cf.  D.  K.  2$ih  Report, 
p.  xxvi).  The  Records  in  their  custody  seem  to  have  shared  the  fate  of  those  preserved  in 
Wales.  We  may  notice  too  that  the  Records  of  the  special  commissions  for  carrying  out  the 
provisions  of  the  Statute  of  Labourers  were  ordered  to  be  delivered  up  in  the  same  way  as 
other  Plea  Rolls,  and  some  of  these  are  still  in  fact  preserved  amongst  the  Assize  Rolls. 
Yet  these  pleadings  must  be  regarded  as  closely  analogous  to  the  ordinary  business  of  the 
later  Quarter  Sessions.  The  Passes  issued  to  Labourers  under  the  Statute  of  1388  have 
disappeared,  but  some  seals  are  still  preserved  in  the  British  Museum. 

"  Although  Justices  of  the  Peace  might  l>e  regarded  as  amenable  to  the  above  rule  their 
acts  were  chiefly  administrative.  Moreover,  a  special  custodian  was  ultimately  appointed  in 
this  case  (Gustos  Rotulorum),  and  possibly  such  local  appointments  were  made  as  early  as  the 
reign  of  Henry  III.  For  these  local  judicial  records,  cf.  Report  of  the  Committee  on  Local 
Records,  p.  7,  and  Athencuum,  5  Oct.  190J.  Their  historical  value  has  been  amply  proved 
by  the  contemporary  researches  of  Mr  and  Mrs  Sidney  Webb. 


1 1 8  Appendix  I 

Duchy  of  Lancaster^ 
Duchy  of  Cornwall'. 
Palatinate  of  Ely^ 

F.     Chronology  of  the  Custody  of  Official  Records. 

[1086 — 1 189].     Royal  Treasury  at  Winchester  containing  Records^ 

[1154] — 1854.     Royal  Treasury  at  Westminster  containing  Records*. 

[11 77] — 1230.     Notices  of  Records  in  official  custody^ 

1 185 — 1291.     Treasury   in   the   Temple   Church   containing   Treasure   and 

Records*. 
1200 — 1305.     Tower  of  London  used  as  a  Treasury  and  Wardrobe''. 
1305 — 13 1 8.     Tower  of  London  used  as  a  Treasury  of  Records  ^ 
1232.     Foundation  of  the  Rolls  House  and  ChapeP. 
1286 — 1377.     Offices  of  Master  of  the  Rolls  and  Keeper  of  the  House  of 

Converts  usually  held  together^". 
1377'     The  above  offices  united,  including  the  Keepership  of  the  Tower 

Records". 
1483 — 1603.     The  offices  of  Master  of  the  Rolls  and  Keeper  of  the  Tower 

Records  distinguished ^l 
1320.     Royal  precept  for  the  arrangement  of  the  Records  in  the  Treasuries 

of  Westminster  and  the  Tower  of  London  ^^ 
1322.     Commission  to  arrange  the  Records  at  Pontefract,  Tutbury,  and  in 

the  Tower  of  London  and  House  of  the  Friars  Preachers '^ 
1322.     Commission  to  Walter  de  Stapeldon  to  arrange  the  Records  in  the 

Treasury  and  elsewhere^". 
'^2i'^Z — 1325-     Ordinances  of  the  Exchequer  referring  to  the  Records'". 
[1360 — 1362].     Transfer  of  the  Chancery  Records  from  the  White  Tower 

tc^he  Wakefield  Tower''', 

^  Some  Records  not  yet  transferred.  For  an  early  notice  of  Records  at  Clitheroe 
Castle,  see  Chanc.  Inq.  P.  M.  4  Ed.  II.  No.  51.  Records  of  the  honour  of  "  Knarsboro" 
were  transferred  in  1900.  Nothing  is  known  as  to  the  fate  of  the  Stannary  Court  Records 
at  Bodmin  after  the  transfer  of  its  jurisdiction  to  the  County  Court  at  Truro. 

*  A  large  collection  of  Records,  included  under  the  Act  of  1838,  not  transferred  to  the 
Public  Record  Office. 

*  J.  H.  Round  in  Antiquary,  June— July,  1887. 
"•  Hall,  Antiquities  of  the  Exchequer,  p.  11  sqq. 

®  Dialogus  de  Scaccario,  I.  xiv.     Red  Book  of  the  Exchequer  (Rolls),  p.  xxi  sqq. 

®  Hall,  Receipt  Roll  of  the  Exchequer  (31  Henry  II),  p.  vi.    Close  Roll  20  Ed.  I,  m.  i^d. 

''  Above,  p.  18  sq.  ^  Ibid. 

*  W.  J.  Hardy  in  Midds.  N.  and  Q.  il.  47  sq.     D.  K.  ^^th  Report. 
'0  Ibid.  pp.  55,  56.     D.  K.  nth  Report. 

"  Pat.  51  Ed.  HI,  m.  20. 

^^  Edwards'  Hist,  of  Libraries,  p.  229.     Camden  Miscellany,  X.  vii. 

''  Record  Commission,  Papers  and  Documents,  p.  413.  ^*  Ibid. 

^'  Palgrave,  Kalendars  and  Inventories,  Vol.  I.  p.  r. 

'*  Red  Book  of  the  Exchequer  (Rolls),  pp.  848 — 969. 

"  Close  Roll  34  Ed.  Ill,  Pt.  I,  m.  15  and  33  ;  cf.  36  Ed.  Ill,  m.  25. 


Appendix  I  119 

1372.     Petition  of  the  Commons  for  access  to  the  Records'. 

[1565— 157 1].     [Petition  of  the  Judges  to  the  Crown  for  the  better  preservation 

of  the  Records  at  Westminster]-. 
1603.     Office  of  Keeper  of  the  Rolls  of  Chancery  in  the  Tower  subordinated 

to  that  of  the  Master  of  the  Rolls  I 
16 10.     Agarde's  Compendium  completed  ^ 
1617.     Scheme  for  a  "  General  Record  Office"." 
1662.     Prynne's  Report  on  the  Tower  Records®. 
1693 — 17 17.     Publication  of  Rymer's  Foedera. 
1703 — 1728.     House  of  Lords'  Reports  on  the  Public  Records^ 

1 73 1.  Act  for  Records  to  be  written  in  English  only*. 

1732.  Report  of  the  House  of  Commons  on  the  Public  Records'. 
1764 — 1800.     Commission  for  "  methodizing"  the  Public  Records'". 
1783.     Publication  of  Domesday  Book. 

1772.     Report  of  the  House  of  Commons  on  the  Public  Records". 

1772 — 1832.     Occasional  removals  of  Records  for  greater  safety'-'. 

1788 — 1793.     Reports  of  House  of  Commons  on  Approaches  to  Westminster 

Hall". 
1800 — 1837.     "Reports   and   Publications   of  the   Commissioners  of  Public 

Records". 
1836.     Report  of  House  of  Commons  on  the  above  Commission". 
1838.     Public  Record  Office  Act'". 
1838 — 1854.     Provisional   accommodation    for   and    supervision   of   Public 

Records  under  above  Act'^. 
1840.     House  of  Lords'  Committee  to  enquire  into  the  sale  and  destruction 

of  Exchequer  Records. 
1852.     Order  in  Council  (5  Mar.)  for  the  supervision  of  Public  Records  by 

the  Master  of  the  Rolls. 
1852.     Amalgamation  of  the  State  Paper  and  Public  Record  Offices. 

'  Kqt.  Pari.  n.  314. 

*  For  this  traditional  representation,  cf.  Ayloffe's  Calendars,  xxviii. 

*  Camden  Miscellany,  x.  vii.  ♦  Ed.  Powell,  Rtpertorie  of  Records  (1631). 
»  5".  P.  Dom.  Chas.  I,  cxlviii.  57. 

'  S.  P.  Dom.  Chas.  II,  Ixvi.  154  and  Brevia  Parliamentaria  (epist.  dedicat.). 

'  The  State  of  the  Public  Records  of  the  Kingdom  (Lond.  172-}),  Lords^  Journals,  1703 — 
17^8. 

»  Pari.  Hist.  viii.  861.  »  H.  C.  Reports,  Vol.  I.  p.  508. 

">  Above,  p.  41. 

"  Commons  Journals,  xxxili.  775. 

"  H.  C.  Reports,  passim ;  Commons  Journals,  xxxlll.  791. 

"  Commons  Journals,  XLViii.  848. 

**  Commissions  were  issuetl  in  the  years  1800,  1806,  1817,  i8ii,  1815  and  1831.  In 
addition  to  the  Annual  Reports,  detailed  Reports  were  issued  in  1800,  1803,  1813,  1819 
and  1837. 

"  Pari.  Papers,  1836,  Vol.  xvi.  "  i  &  a  Vic.  c.  94. 

"  D.  K.  Reports,  s.  a. 


120  Appendix  I 

1854.     Completion  of  the  Public  Record  Office  Repository. 

1854 — 1862.  Transmissions  of  Records  and  State  Papers  from  other  Re- 
positories ^ 

1862 — 1908.     Transmissions  of  Departmental  Records  ^ 

1840 — 1857.     Calendars  of  State  Papers  instituted  by  Mr  Hobhouse. 

1857.  Rolls  Series  of  "Chronicles  and  Memorials"  instituted  by  Lord 
Romilly. 

1873 — 1879.  Judicature  Acts  remodelling  the  procedure  and  Records  of 
the  Courts  of  Justice. 

1877 — 1898.  Public  Record  Office  Acts  for  the  disposal  of  valueless  docu- 
ments ^ 

1892.     New  Series  of  Record  Calendars  instituted  by  Sir  H.  Maxwell  Lyte. 

1895 — 1900.  The  Rolls  House  and  Chapel  pulled  down  and  the  new 
frontage  of  the  Public  Record  Office  erected  on  their  site*. 

1902.     Report  of  Treasury  Committee  on  Local  Records^ 

1  D.  K.  Reports,  s.  a.  ^  Ibid. 

^  40  &  41  Vic.  c.  55,  amended  by  61  &  62  Vic.  c.  12. 

*  D.  K.  iith  Report.  *  Sess.  Papers  C.  d.  1335. 


APPENDIX    II. 
Chronology  of  the  Custody  of  the  State  Papers. 

1536.     Act  defining  the  precincts  of  the  Palace  of  Westminster  (28  Hen. 

VIII,  c.  12). 
1544.     Entries  of  the  receipt  of  State  Papers  cease  to  be  made  in  the  records 

of  the  Treasury  of  the  Receipt  of  the  Exchequer. 
[1545].     Inventory  [by  William  Honnyng]  of  State  Papers  in  the  "Study" 

at  Westminster. 
1578 — 1603.     Traditional  establishment  of  a  State  Paper  Office  at  Whitehall, 

and  appointment  of  Dr  Thomas  Wilson  and  Dr  James  successively  as 

Keepers  of  the  Papers  of  State. 
1603.     Grant  of  an  Annuity  of  ;^5o  to  Sir  Thomas  Lake  in  consideration 

of  his  custody  of  the  Papers  of  State. 
1 6 10.     Grant   of  the  Office  of  Keeper  of  the  Papers  of  State  to  Levinus 

Munck  and  Thomas  Wilson. 
1 614.     Further  grant  of  the  same  office  to  Thomas  Wilson  and  Ambrose 

Randolph. 
1614 — 1618.     Construction  of  a  repository  for  the  State  Papers  at  Whitehall. 
1619.     Destruction  of  certain  Papers  by  a  fire  at  Whitehall. 
16 19.     Removal  of  the  State  Papers  to  the  Whitehall  Gateway. 
1629.     Grant  of  the  Office  of  Keeper  to  Ambrose  Randolph,  on  the  death 

of  Sir  Thomas  Wilson. 
1 66 1.     Grant  of  the  Office  of  Keeper  to  Sir  Joseph  Williamson. 
1702.     Grant  of  the  Office  of  Keeper  to  John  Tucker. 
1706.     John  Tucker's  Report  on  the  condition  of  the  Papers  in  the  custody 

of  Sir  Joseph  Williamson. 
1706.     Removal  of  the  earlier  State  Papers  to  the  "Cock-pit "  in  Whitehall. 
1725 — 1800.     Appointment  of  Collectors  and  Transmitters  of  the  Papers. 
1756 — 1764.     Removal   of  the   Whitehall   Gateway   and   discovery   of   old 

Papers  there. 
1764 — 1800.     Appointment  of  Methodizers  of  the  Papers  and  Records. 
1 786.     The  Collector  and  Transmitter's  office  removed  to  Scotland  Yard. 


122  Appendix  II 

1792.     Appointment  of  John  Bruce  as  Keeper. 

1800.     First  Report  of  the  Record  Commissioners  and  re-organization  of  the 

State  Paper  Office. 
181 9.     Removal  of  the  Transmitter's  Papers  from  Scotland  Yard  to  Great 

George  Street. 
1825 — 1852.     State  Paper  Commission  (Publications  of  the). 
1833.     A  new  Paper  Office  built  in  St  James's  Park. 
1848— 1852.     The  Paper  Office  constituted  a  "Branch  State  Paper  Office" 

under  the  superintendence  of  the  Master  of  the  Rolls. 
1862.     Removal  of  the  State  Papers  to  the  Public  Record  Office. 
1894— 1908.     Re-arrangement  of  the  State  Papers  (Domestic,  Foreign  and 

Colonial)   and  publication   of  revised   Lists   under  the  supervision   of 

Sir  Henry  Maxwell  Lyte. 


APPENDIX    III. 

A.  List  of  Public  Departments  whose  Historical  Records  (includ- 
ing THOSE  OF  Abolished  Offices  under  their  jurisdiction)  have 
been  mainly  transferred  to  the  Public  Record  Office^ 

Admiralty. 

1.  Secretary's  Department*. 

2.  Accountant  General's  Department': 

Navy  Board,  Treasurer's  Office,    Bill   Office,   Imprest  Office, 
Comptroller's  Office,  Ticket  Office,  Allotment  Branch. 

3.  Surveyor's  Department*. 


Victualling  Department*. 

Storekeeper-General's  Office*. 

Transport  Department'. 

Medical  Department*. 

Greenwich  Hospital  (and  Chatham  Chest). 

Royal  Marine  Office*. 


^  The  information  contained  in  this  list  is  derived  chiefly  from  the  early  Reports  of  the 
Deputy  Keeper  of  the  Public  Records  with  some  additional  information  gleaned  from 
official  Handbooks,  Parliamentary  Papers,  Archaeological  works  and  other  printed  sources. 
It  should  however  be  supplemented  by  the  Official  Lists  which  may  be  consulted  by  students 
within  certain  limits  at  the  Archives.  Legal  records  such  as  those  of  the  Privy  Seal  and 
Signet  Offices  are  not  included  in  this  list,  which  also  omits  several  departmental  collections 
of  small  historical  interest  (cf.  above,  p.  70). 

'  Including  the  Hydrographer's  Office  which  was  also  concerned  with  Lc^. 

'  Established  in  1833  to  supersede  the  old  departments  of  the  Comptroller  and  Treasurer 
known  respectively  as  the  Navy  Office  and  Navy  Pay  Office,  including  the  several  branches 
concerned  with  Tickets,  Wages,  Imprests,  Bills,  Allotments,  Wills,  &c. 

*  Associated  with  the  Navy  Office  as  an  administrative  department  in  dbtinction  to  the 
Navy  Pay  Office. 

'  These  offices  were  administered  by  distinct  Boards.  The  Medical  Department,  formerly 
the  Sick  and  Hurt  Board,  was  administered  later  by  the  Transport  Board,  and  then  by  a 
Physician  General.  The  first  Transport  Board  was  constituted  in  1690  under  an  Order  in 
Council.  The  Commissioners  acted  under  a  Patent  from  17 10  to  1714,  when  the  Board  was 
dissolved  and  its  business  conducted  by  the  Navy  Board,  Victualling  Board  and  Ordnance. 
It  was  re-established  in  1795  and  took  over  the  management  of  Prisoners  of  War  and  of 
the  Sick  and  Hurt  during  the  Napoleonic  wars.  With  the  exception  of  one  or  two  volumes 
none  of  the  Records  of  the  old  Board  (1690 — 1714)  appear  to  have  survived. 

'  Including  the  Records  of  the  central  office  in  distinction  to  the  divisional  headquarters. 


124  Appendix  III 

Agriculture,  Board  oP. 

Ordnance,  Survey  Records. 

Audit  Office  (Exchequer  and  Audit  Ofifice), 
Exchequer  of  Receipt  (1834 — 1867). 
Commissioners  for  Auditing  Public  Accounts. 
Colonial  Audit  Ofifice. 
Comptrollers  of  Army  Accounts  (171 1 — 1834). 

Chamberlain  (Lord),  see  Household  (Royal). 

Charity  Commission  ^ 

Old  Charity  Commission. 

Colonial  Office,  see  Secretaries  of  State. 
Customs,  Board  of*. 
Foreign  Office,  see  Secretaries  of  State. 
Home  Office,  see  Secretaries  of  State. 

National  Debt  Office. 

Life  Annuity  Records. 

Tontine  Records. 

Slave  Compensation  Claims. 

Paymaster-General's  Office. 

Paymaster-general  of  the  Forces. 

Paymasters  of  the  Civil  List. 

Treasurers  of  the  Navy,  Ordnance  and  Chelsea,  &c.  (after  1836). 

Hospital, 

^  The  Ordnance  Survey  Returns,  and  Correspondence  form  an  integral  part  of  the  old 
Board  of  Ordnance  Records,  but  for  departmental  purposes  they  appear  to  belong  to  the 
modern  Board  of  Agriculture.  This  department  has  also  the  official  custody  of  the  Tithe 
Maps,  formerly  belonging  to  the  old  Tithe  Office,  but  it  has  none  of  the  ancient  and  im- 
portant Records  of  the  old  Board  of  Agriculture,  some  of  which  have  been  printed. 

"^  The  Records  of  the  old  Charity  Commission  were  removed  in  184 1  to  the  Rolls  Chapel 
by  order  of  the  Treasury  and  Home  Office,  but  documents  of  a  legal  nature  will  be  found 
among  the  Chancery  Records.  The  Records  of  the  existing  Commission  are  of  comparatively 
modern  date.  .Some  of  these  appear  to  have  been  transmitted  with  the  Records  of  the 
Treasury  Solicitor. 

*  It  appears  from  the  early  Reports  of  the  Deputy  Keeper  (7M  Rep.  p.  4  and  idth  Rep. 
p.  xix)  that  several  interdepartmental  transfers  of  Records  took  place  between  the  Treasury 
and  the  Customs  previous  to  the  final  removal  of  these  Records  to  the  Rolls  House.  It  is 
related  that  a  large  number  of  the  Records  perished  in  the  fire  of  1814.  It  is  at  least  certain 
that  the  existing  series  is  very  incomplete  so  far  as  it  has  been  transmitted  to  the  Public 
Record  Office. 


Appendix  III  125 

Royal  Household. 

1.  Lord  Chamberlain's  Department*: 

Wardrobe  ^ 
Jewel  Office  I 

2.  Lord  Steward's  Department*: 

Board  of  Green  Cloth'. 
Privy  Purse*. 

Secretaries  of  State. 

1.  Home  Department'^: 

[Post  Office]. 
Alien  Office. 
Expired  Commissions*. 
Irish  Department. 

2.  Foreign  Office : 

Slave  Trade  Commission. 
American  Claims  (1794)*. 
Levant  Company. 
King's  Messengers*". 

3.  Colonial  Department : 

Board  of  Trade". 
Board  of  Control*^. 
Expired  Commissions". 

'  Records  transferred  from  St  James's  Palace  and  the  office  of  the  Examiner  of  Plays. 
Most  of  the  early  Records  were  probably  destroyed  by  the  fire  in  Whitehall  in  1691. 

*  Abolished  1782.  *  Now  a  department  of  the  Tower  of  London. 

*  Records  transferred  from  Buckingham  Palace. 

*  Records  for  the  most  part  missing.     Some  purchased  by  the  Bodleian  Library. 

'  Modern  Addresses  to  the  Crown.  An  earlier  series  was  preserved  in  the  State  Paper 
Office. 

'  In  addition  to  the  State  Papers  Domestic  and  Privy  Signet  Office  described  elsewhere, 
this  department  has,  by  virtue  of  its  constitutional  position,  acquired  important  Records  in 
connexion  with  military  and  naval  affairs.  Justice,  Police,  the  Church,  &c.  Some  of  which 
supply  gaps  in  other  departmental  Records. 

'  Most  of  these  are  of  modern  date.  For  particulars,  see  the  official  Guide  (md  ed. 
p.  94,  and  3rd  ed.  p.  392). 

*  This  series  was  deposited  in  the  State  Paper  Office.  The  main  series  are  amongst  the 
Treasury  and  Audit  Office  Records. 

*"  A  series  of  valuable  records  presented  to  the  Public  Record  Office  by  the  executors  of 
the  late  Sir  K.  Hertslet. 

**  i.e.  the  Records  of  the  Old  Board  abolished  in  1781.  These  have  been  officially 
regarded  as  dependent  on  the  Colonial  Office  owing  to  the  preponderance  of  Papers  con- 
cerning the  Plantations.  An  early  series  of  Entry  Books  from  1696  were,  however,  retained 
amongst  the  Records  of  the  Board  of  Trade  as  forming  part  of  a  continuous  series  of 
documents  relating  to  trade  generally  in  distinction  to  the  trade  with  the  Plantations. 
These  have  recently  been  transferred  to  the  Colonial  Office  Recortls. 

"  i.e.  East  India  correspondence  from  the  State  Paper  Office.  The  main  series  is  in 
the  India  Office.     There  are  many  original  papers  or  copies  amongst  the  Treasury  Records. 

"  e.g.   Land  and  Emigration  Board  (1835 — 1894). 


126  Appendix  III 

Board  of  Traded 

Treasury-. 

Expired  Commissions- 

The  Commissary  General's  Office  ^ 

Treasury  Solicitor's  Departments 

War  Office^ 

Secretary  at  War's  Department. 
Board  of  Ordnance®. 
Board  of  General  Officers'^. 
Army  Medical  Board*. 
Inspector-General  of  Fortifications*. 
Adjutant  General's  Department^". 
Quarter-Master  General's  Department. 
Royal  Military  Academy. 
Royal  Military  College. 
Foreign  Department". 

Office  of  Works^l 

^  i.e.  The  modern  department  established  in  1784.  Certain  ancient  Exchequer  docu- 
ments from  the  Standards  Department  of  the  Board  and  the  enrolled  Specifications  of 
Patents  from  the  Patent  Office  are  preserved  amongst  the  legal  Records. 

*  Records  belonging  to  the  jurisdiction  of  nearly  every  department  are  found  amongst 
the  Treasury  Records,  together  with  the  Records  of  a  large  number  of  expired  Commissions, 
for  a  list  and  description  of  which  reference  may  again  be  made  to  the  official  Guide  (see 
above,  p.  99,  n.  4).  The  departments  chiefly  concerned  will  probably  be  found  to  be  the 
Foreign  Office,  Colonial  Office,  Exchequer  and  Audit  Office,  Inland  Revenue,  Customs,  and 
India  Office  (Board  of  Control).  The  history  of  the  early  custody  of  these  Records  will  be 
found  in  the  Reports  of  the  Deputy  Keeper.  The  historical  value  of  this  class  of  Records 
is  very  considerable. 

^  i.e.  the  earlier  Records  of  this  department  which  was  administered  by  the  Treasury 
after  1816.  The  Irish  Commissariat  Office  Records  were  transferred  to  Dublin  in  1854. 
Presumably  the  modern  departmental  interest  in  these  Records  lies  with  the  War  Office. 

*  Many  of  these  were  transferred  from  an  Office  in  the  Temple. 

^  This  department  has  not  been  counted  amongst  those  of  the  Secretaries  of  State  as 
the  jurisdiction  of  the  Secretaries  of  State  herein,  previous  to  1854,  was  purely  formal. 
After  various  vicissitudes  the  bulk  of  the  War  Office  Records  in  the  several  departments 
»were  brought  together  in  the  depot  at  6,  Whitehall  Yard,  whence  they  were  transferred  to 
the  Rolls  Yard  in  1855.'  Some  Records  apparently  are  still  preserved  at  Chelsea  Hospital 
and  notices  of  Records  preserved  elsewhere  have  been  occasionally  published. 

"  Merged  in  the  War  Office  after  1855. 

^  Better  known  as  the  Clothing  Board  at  Whitehall.  A  large  part  of  its  invaluable 
records  was  probably  destroyed  by  fire  in  1816. 

*  For  the  almost  incredible  narrative  of  the  wanton  destruction  of  its  Records,  see  Deputy 
Keepei's  %t/i  Report,  Appx.  i.  p.  2  sqq. 

*  Succeeded  to  the  custody  of  the  Records  of  the  old  Ordnance  Drawing  Office. 
^^  Better  known  as  the  Commander-in-Chief's  Office. 

^^  Concerned  with  the  Foreign  Corps  between  1793  and  181 5. 

'*  Recently  transferred.  Some  earlier  Records  are  amongst  the  Exchequer  and  Treasury 
Records. 


Appendix  III  127 

Office  of  Woods  and  Forests  and  Crown  Revenues^ 


B.     List  of   Public  Departments  whose  early   Historical  Records 

HAVE   not   yet   been   TRANSFERRED  TO  THE   PUBLIC   RECORD   OFFICE 
OR  ONLY  PARTIALLY   TRANSFERRED ^ 

i.     Records  not  yet  transferred : 

India  Office'. 
House  of  Lords*. 
House  of  Commons. 
The  Mint'. 
The  Post  Office*. 
Board  of  Agriculture''. 
Stationery  Office. 

ii.     Records  partially  transferred  : 

Board  of  Trade*. 
Colonial  Office*. 
War  Office'". 


'  Exclusive  of  the  Records  of  the  Court  of  Surveyor  General,  the  Treasury  and  the 
Land  Revenue  Record  Office.  The  extent  of  the  transfers  is  not  indicated  in  the  printed 
Reports. 

*  The  information  given  in  this  list  is  derived  from  the  Deputy  Keeper's  Reports, 
official  handlxKjks,  Calendars  and  Blue  Books  and  other  printed  information.  It  cannot 
therefore  be  regarded  as  either  authoritative  or  exhaustive ;  but  some  such  compilation  was 
necessary  in  order  to  explain  obvious  omissions  in  the  preceding  list  and  to  save  historical 
students  the  p)ains  of  fruitless  search  or  enquiry.  It  is  a  striking  fact  that  less  than  ten  years 
ago  the  number  of  outstanding  departments  and  the  bulk  of  Records  still  untransferred 
would  have  doubled  the  dimensions  of  the  present  list. 

*  How  far  the  imperative  conditions  of  the  Act  of  1838  and  the  Order  in  Council  of  1852 
apply  to  the  Indian  Government  is  a  constitutional  question  which  need  not  lie  discussed 
here.  Records  relating  to  Indian  affairs  have  been  transferred  to  the  national  Archives 
from  other  departments  (Colonial  Office  and  Treasury). 

*  Certain  Records  have  been  inevitably  transferred  to  the  Public  Record  Office,  but  the 
characteristic  Records  of  the  legislature  are  still  retained. 

*  Exclusive  of  the  ancient  legal  Records  of  the  Exchequer. 
'  Supplementary  to  the  Home  Office  series. 

'  Tithe  Maps,  &c. 

*  Records  of  the  General  Registry  of  Merchant  Seamen  retransferred  from  the  Public 
Record  Office. 

*  Some  Out-Letters  retained. 

'"  The  Records  of  the  Judge  Advocate  General's  department  have  not  l)een  transferred. 
The  office  was  situated  at  35  (ireat  (Jeorge  .Street  from  1838  to  1893.  The  Recortls  of  the 
Medical  Department  are  also  with  one  or  two  exceptions  not  preservetl  in  the  Public  Record 
Office.  In  1831  these  were  at  Nos.  4  and  5  Berkcly  St.  It  is  well  known  amongst  militar>' 
historians  that  many  regimental  records  are  preserved  in  local  dci)uts. 


128  Appendix  III 

Admiralty  \ 
Foreign  Office  ^ 
Privy  Council  Office  ^ 

^  Presumably  any  Records  that  are  still  preserved  at  the  out-ports  or  retained  for 
official  reference. 

^  Certain  Legation  Archives.  Those  already  transferred  are  noted  in  the  later  Reports 
of  the  Deputy  Keeper. 

*  The  Registers  down  to  the  end  of  the  i6th  century  have  been  transferred  to  the  Public 
Record  Office.     The  later  Registers  and  many  original  papers  remain  at  Whitehall. 


APPENDIX    IV. 

A.     Outline  of  the  Existing  or  Proprietary  Classification  of  the 
Records  in  the  Custody  of  the  Master  of  the  Rolls  ^ 

I.     Records  of  the  Superior  Courts  of  Law : 
i.      Chancery. 

ii.     King's  Bench*  (Crown  Side  and  Plea  Side), 
iii.     Common  Pleas, 
iv.     Exchequer  ^ 

(a)     Exchequer  of  Pleas. 

{i>)     King's  Remembrancer's  Office. 

(c)     Lord  Treasurer's  Remembrancer's  Office*. 

(</)    Augmentations  Office*. 

(e)     Land  Revenue  Department'. 

'  For  the  proprietary  classification  of  Records  previous  to  the  Public  Record  Office  Act 
of  1838  see  Appendix  i.  Since  the  Judicature  Acts  (1873  and  1879)  the  arrangement  of 
accruing  Records  is  naturally  simplified,  and  the  Records  of  the  Supreme  Court  of  Judicature 
now  follow  those  of  the  Common  Pleas  in  the  official  Guide. 

*  The  Records  of  Justices  Itinerant  are  now  regarded  as  a  distinct  class,  a  fact  which 
may  be  due  to  their  abandonment  to  private  custody  and  inevitable  destruction  (in  most 
cases)  since  Edward  IV. 

*  The  subdivisions  of  the  Exchequer  may  perhaps  be  more  intelligibly  grouped  as : 

(a)  Exchequer  of  Pleas. 

(b)  Exchequer  of  Account  (K.  R.  and  L.  T.  R.). 

(c)  Exchequer  of  Receipt  (Auditors,  Pells  and  T.  of  R.). 

{d)  Later  Departments  (Augmentations  Office,  General  Surveyor's  Office  (Land 
Revenues),  First  Fruits  and  Tenths  Office). 
In  a  scheme  of  structural  classification  however  these  later  departments  must  be  regarded 
as  abolished  Courts,  their  procedure  and  Records  being  exactly  analogous  to  those  of  the 
juris<lictionK  relegated  to  class  u.  infra.  There  is  a  tendency  to  place  the  Exchequer  im- 
mediately after  the  Chancery  in  the  latest  official  arrangement. 

*  Including  the  Pipe  Office. 

'  Including  the  Court  of  the  General  Surveyors  of  the  King's  Lands  annexed  to  the 
Court  of  Augmentations  when  dissolved  umler  Queen  Mary. 

*  See  Appendix  i.  The  Records  under  the  departmental  control  of  the  Office  of  Woods 
were  derived  from  the  old  Auditors  of  Land  Revenues  abolished  in  1831.  These  have  now 
been  finally  transferred  to  the  Public  Record  Office. 

H.  0 


130  Appendix  IV 

(/)     First  Fruits  and  Tenths  ^ 
{g)     Exchequer  of  Receipt  I 
{h)     Treasury  of  Receipt  I 

II.     Records  of  Special  or  AboHshed  Jurisdictions*: 

i.  Court  of  Requests. 

ii.  Court  of  Star  Chamber. 

iii.  Court  of  Wards  and  Liveries. 

iv.  Marshalsea   and  Palace   Courts   (including   the   Marshalsea,   etc. 
Prisons). 

V.  High  Court  of  Admiralty. 

vi.  High  Court  of  Delegates  (and  Court  of  Arches). 

III.  Records  of  the  Palatinate  of  Durham''. 

IV.  Records  of  the  Palatinate  of  Lancaster"*. 

V.  Records  of  the  Principality  of  Wales  ^,  and  Duchy  of  Chester. 

VI.  Records  of  the  Duchy  of  Lancaster. 
VII.  Records  of  the  Honour  of  Peveril. 

B.     A  Structural  Classification  of  Records^ 

Class  I.     Judicial  Proceedings. 

Division  i.     Records  of  Pleadings^, 
Division  ii.     Subsidiary  Records ^ 
Sub-division  i.     The  Chancery. 

Section  i.     Common  Law  Side. 
Section  2.     Equity  Side. 

^  This  Court  was  also  erected  under  Henry  VIII  and  was  abolished  by  Mary,  becoming 
under  Elizabeth  a  department  of  the  Exchequer.  A  dual  control  of  its  Records  was  the 
result  of  the  institution  of  Queen  Anne's  Bounty  Office  (2  &  3  Anne  c.  20).  The  Office  of 
First  Fruits  and  Tenths  was  abolished  by  i  Vic.  c.  20. 

^  These  two  departments  may  be  regarded  as  practically  identical. 

'  The  Records  of  these  tribunals  are  very  imperfect.  No  mention  is  made  here  of  the 
Council  for  Wales  and  Marches  or  of  the  Court  of  High  Commission  as  no  Records  exist 
in  either  case. 

*  The  Records  of  the  remaining  ecclesiastical  palatinate  (Ely)  have  not  been  transferred 
into  the  custody  of  the  Master  of  the  Rolls  as  required  by  the  Act  of  1838.  See  Ap- 
pendix I.  E. 

^  Including  those  of  the  Duchy  of  Chester.  The  Records  of  the  Duchy  of  Cornwall 
have  curiously  enough  come  into  the  custody  of  the  Exchequer  and  are  described  under  that 
Court. 

®  For  a  more  detailed  Diplomatic  classification  of  Records,  see  below,  Part  II,  Appendix. 

^  i.e.  the  Plea  Rolls,  &c.,  Decrees  and  Orders,  Pipe  Rolls  and  Memoranda  Rolls. 

8  i.e.  Affidavits,  Appearances,  Bails,  Certificates,  Essoins,  Indictments,  Depositions, 
Minutes,  Writs,  Warrants,   &c. 


Appendix  IV  131 

Sub-division  2.     The  Exchequer, 

Section  i.     Exchequer  of  Pleas. 

Section  2.     Exchequer  of  Account. 

Section  3.     Exchequer  of  Receipt. 

Section  4.     Later  Departments'. 
Sub-division  3.     Court  of  King's  Bench. 

Section  i.     Crown  Side. 

Section  2.  Plea  Side. 
Sub-division  4.     Court  of  Common  Pleas. 
Sub-division  5.     Pleas  before  the  Justices  Itinerant. 
Sub-division  6.     Proceedings  of  the  Supreme  Court  of  Judicature. 
Sub-division  7.     Special  Jurisdictions. 

Section  i.     Special  Jurisdictions  abolished  or  extinct'*. 

Section  2.     Special  Jurisdictions  surviving*. 

Class  II.     Ministerial  Proceedings. 

Division  i.      Diplomatic  Documents*. 
Division  ii.     Inquisitions  and  Returns'. 
Division  iii.    Accounts. 

Class  III.     Precedents*. 

(Divided  according  to  their  respective  Courts  and  sub-divided  according 
to  the  subject-matter  ^) 

Class  IV.     Miscellaneous*. 

(Documents  exhibited  or  deposited ;  arranged  according  to  their  diplo- 
matic construction  and  subject-matter.) 

'  i.e.  the  Augmentations,  General  Surveyors  and  First  Fruits  and  Tenths. 

*  Including  the  Records  of  the  Pleas,  &c.  of  the  Forests  and  the  "Judaism,"  the  Courts  of 
Palatinates  of  Lancaster  and  Chester,  the  Marshalsea,  <S:c.,  Star  Chamber,  Requests,  Wards 
and  Liveries,  First  Fruits  and  Tenths,  Honour  of  Peveril,  and  the  High  Court  of  Delegates. 

*  Including  the  High  Court  of  Admiralty,  the  Palatinate  of  Durham  and  the  Duchies 
of  Lancaster  and  Cornwall.  The  ancient  jurisdiction  of  the  Royal  Household  is  now  only 
represented  by  the  control  of  Play-houses.  The  ancient  Records  of  the  Legislature  and 
Council  are  preserved  with  the  judicial  Records,  and  their  motlem  Records  are  not  (with 
a  few  exceptions)  in  the  official  custody  defined  by  the  Act  of  1838. 

*  Enrolments  or  entries  of  Royal  Charters  or  Confirmations,  Writs,  Warrants,  Letters, 
Petitions,  notarial  instruments,  &c.  ;   for  details,  see  Part  II. 

'  i.e.  Inquests,  Surveys,  Extents,  Commissions,  &c. ;  for  details,  see  Part  II. 

'  i,e.  the  so-called  "  Books  of  Remembrance,"  containing  Precedents,  Mitnorafuia  and 
common-place  l)ooks  connected  with  the  procedure  of  the  Courts  or  official  interests. 
Some  of  this  class  are  in  the  form  of  Rolls. 

^  /.^.Judicial  Proceedings,  Ministerial  Procee<lings{  Diplomatic  D<Kuments,  Feixlari<is,&c.). 

*  See  alxjve,  p.  59.  These  would  include  the  originals  of  diplomatic  instruments 
whenever  they  have  l)een  deposited  in  official  custody,  and  this  class  would  therefore 
absorb  a  large  proportion  of  the  ancient  Records  of  the  Courts  of  Augmentations,  &c. 

9—2 


APPENDIX   V. 

A.     Outline  of  the  Classification  of  the  State  Papers,  c.  1545^ 

This  is  merely  an  inventory,  but  the  following  titles  can  be  recognized : 

1.  Letters  and  writings,  or  letters  and  matters  touching  France,  the 
Emperor  (or  Germany),  Italy  and  Rome  (or  the  Papacy),  German  States, 
Flanders,  Denmark,  Venice,  Calais  and  Marches,  Scotland  and  North  Parts, 
Wales  and  Marches. 

2.  Instructions  to  ambassadors.  Treaty  Papers,  Passports,  Ambassadors' 
privileges. 

3.  Warrants,  Commissions,  Signed  Bills,  Signet  Books,  Drafts  of  Letters 
Patent,  Licences,  Pardons,  Oaths,  Letters  of  denization.  Admiralty  documents, 
Loans,  State  trials  (?  Baga  de  Secretis),  Certificates  of  Musters,  Lists  of 
Justices  of  the  Peace,  Memorials,  Household  officers.  Ecclesiastical  matters. 
Indentures,  Accounts. 

4.  Early  Records,  Precedents,  Treatises. 

B.     Outline  of  Sir  T.  Wilson's  Classification  of  the 
State  Papers,   1619 — 1629^ 

I.  England  {Britanfiia  Australis)  sub-divided  into:  i.  Regalia^; 
2.  Legalta* ;  3.  Ecclesiastical;  4.  Militaria^ ;  5.  Poliiica' ; 
6.   Criminalia^ ;  7.  Mechanica'^. 

^  Bags  of  books,  letters  and  other  writings  in  the  Study  at  Westminster  and  in  several 
tills  within  the  same,  severally  described  as  "great  bags,"  "little  bags"  or  "bags";  "in 
the  cupboards  and  tills"  ;  "  special  things  in  a  till  "  ;  "  Books  and  Letters  remaining  in  the 
chest"  {S.  P.  Documents,  i.  i — 4). 

^  .S".  P.  Documents,  i.  91  (cf.  ibid.  II.  230). 

^  Subdivided  again  into  two  groups  (a)  Documents  relating  to  the  title  or  prerogative  of 
the  Crown  (Warrants,  Petitions,  &c.),  {b)  Papers  relating  to  the  revenue  of  the  Crown 
(customs,  loans,  subsidies,  lands,  &c.). 

*  Acts  of  Parliament,  Proclamations,  lay  corporations,  &c. 
^  Bishoprics  and  Crown  livings,  &c. 

^  Subdivided  as  (a)  Terrestris  (Musters,  &c.),  (b)  Thalassiarchia  (Admiralty,  sovereignty 
of  the  .Seas,  &c.). 

''  Acts  of  the  Council  and  instructions  to  Governors,  &c. 

*  Treasons  and  felonies,  Star-Chamber,  Recusants,  &c. 
"  Trade,  Merchants,  Exchange,  &c. 


Appendix  V  133 

II.  North  Britain  (Scotland  and  the  Borders). 

III.  Wales  and  Ireland'. 

IV.  France. 
V.  Italy. 

VI.  Spain  and  Flanders. 

VII.  Germany  and  Denmark  and  Hanse  Towns. 

VIII.  Poland,  Muscovy,  Sweden. 

IX.  Low  Countries'^  (Holland). 

X.  Turkey,  Barbary  States,  the  Indies'. 

XI.  Treaties. 

XII.  Miscellaneous  {Mixiay. 

Note.  It  will  be  seen  that  this  arrangement  justifies  Sir  Thomas  Wilson's 
general  division  of  the  Papers  of  State  into  the  two  series  still  known  as 
"  Domestic  "  and  "  Foreign  "  with  a  third  series  of  "  Miscellaneous  "  which 
may  still  be  recognized.  Colonial  Papers  were  included  under  Domestic  (7), 
but  most  of  these  were  probably  preserved  with  the  Council  Records,  whence 
some  found  their  way  into  the  Manchester  and  Bridgewater  Collections, 

C.    Outline  of  Sir  J.  Williamson's  Classification  of  the 
State  Papers,  1682'. 

England  (arranged  in  year  bundles.  Papers  previous  to  1559  in  a  division 
called  Anglia  Vetera);  Scotland  and  the  North*;  Ireland";  Wales;  Jersey 
and  Guernsey ;  Tangier ;  London ;  France ;  the  Low  Countries ;  Italy 
(Switzerland  included  under  France  and  Germany) ;  Germany ;  Denmark, 
Sweden,  Poland;  Spain  and  Portugal. 

Treaties  and  Treaty  Papers ;  King's  Letters ;  Church ;  Parliament  (in 
three  groups:  (i)  Orders,  &c.  (a)  before  1560,  {b)  1560 — 1640,  (c)  1640 
onwards,  (ii)  Debates,  (iii)  Drafts  of  Bills);  Household;  "Offices"; 
"  Usurpation  " ;  Signet  Books ;  Criminalia ;  Militia  (including  Ordnance). 

'  In  one  part  of  the  MS.  France  precedes  Ireland,  and  Wales  is  omitted  ;  but  in  the 
explanatory  part  the  order  is  as  given  here. 

'  Styled  the  United  Provinces.  *  Including  Persia. 

*  Wilson  explains  that  whereas  the  above  eleven  classes  represent  the  true  Secretarial 
Papers,  recovered  by  himself,  the  older  collection  (largely  mingled  with  early  records) 
which  had  been  kept  together  from   1522  to  1590  is  included  under  this  last  heading. 

'  S.  P.  Documents,  It.  49,  but  the  MS.  seems  to  be  imperfect  and  should  be  supplemented 
by  the  plan  which  accompanies  it.  It  is  difficult  to  decide  whether  this  constitutes 
Williamson's  final  arrangement  or  whether  this  was  revised  by  his  successor  between  1701 
and  1706  (cf.  S.  P.  Documents,  ii.  83 — 86).  At  the  latter  date  a  few  new  headings  seem 
to  have  been  added,  though  these  are  chiefly  of  a  tem|)orary  character,  e.g.  the  Rebellion 
(?  Rye  House  Plot).  On  the  other  hand  we  have  Plantations,  Mint,  Post  Office,  Warrants, 
Passes,  Certificates,  Intelligence,  &c.  The  actual  order  in  which  the  papers  were  placed 
in  the  presses  was  quite  fortuitous  and  has  l)een  disregarded  in  the  present  "outline." 

'  Some  early  papers  also  in  Anglia  vetera. 


134  Appendix   V 

D.     Outline  of  the  Classification  of  the  State  Papers  by 

THE    MeTHODIZERS,    I  764 — l8oo^ 

A  double  classification  was,  apparently,  necessitated  by  the  preservation 
of  the  State  Papers  in  two  different  repositories,  the  older  series  being  kept 
in  the  Paper  Office  in  the  Cock-pit  and  the  papers  accruing  since  1706  in 
the  Transmitter's  Office. 

{a)     Old  Series  (Alphabetical). 

Admiralty,  Ambassadors,  Army,  Correspondence,  Foreign  (by  countries 
in  alphabetical  order)'^,  Coronations,  Court  Offices^,  Courts*,  Commissioners^, 
Denmark,  Domestica  Miscellanea,  Eastern  princes  °,  Ecclesiastical  Affairs, 
England ^  Fisheries,  Flanders,  Foreign  Trade,  France,  Genealogies,  Genoa, 
Germany,  Guernsey  and  Jersey,  Hanse  Towns,  Heralds  and  Heraldry, 
Interregnum ^  Ireland  (with  sub-divisions  in  imitation  of  Wilson's  system)^, 
Italy,  Knights''  and  Knighthood,  Law,  Letters,  Merchants  and  merchant  ships, 
Militaria,  Mint,  &c..  Negotiations,  Netherlands,  Papists  and  Popish  Recusants, 
Parliamentary  Affairs,  Petitions,  Plague,  Plantations,  Folitica,  Portugal, 
Proclamations®,  Records,  Rome',  Royal  Letters,  Royal  Prerogative,  Royal 
Revenue,  Russia  and  Sweden®,  Saxony®,  Scotland,  Spain,  Styles  and  Titles®, 
Strangers'',  Sweden,  Tangier,  Trade,  Treaties  (with  the  States,  grouped 
alphabetically  and  geographically),  Turkey,  Venice,  Voyages  and  Discoveries, 
Wales. 

{b)     Modern  Series*,  consisting  of: 

1.  Later  Papers,  supplementary  to  the  above,  chiefly  in  respect  of 
Foreign  Correspondence  and  Treaties,  with  such  new  headings  as  Hanover 
and  Whitehall  ("Regencies")  and  America.  The  Foreign  "Ministers"  of 
the  several  countries  are  distinguished,  as  also  are  the  German  and  Italian 
States. 

2.  Domestic,  Colonial  and  Trade  Papers  and  Entry  Books,  and  the  class 
now  known  as  "  Foreign  '  Domestic  '."  These  give  us  the  same  headings  as 
occur  for  similar  subjects  in  List  (a),  with  the  following  additions :  Warrant 
Books®,  Domestic  Correspondence®;  Law  Papers",  Petitions®  and  Memorials", 

^  This  classification  is  quite  unintelligent  and  abounds  with  inconsistencies  and  repetitions. 
For  Edwards's  criticism  of  it,  see  Libraries,  p.  204. 

^  This  sub-arrangement  is  not  mentioned  in  the  1800  Report. 

*  Council  matters,  &c. 

*  Star-Chamber,  Wards,  &c. 

*  Omitted  in  1800  Report. 

'  Precedents,  probably  for  Royal  Letters  and  King's  Letters. 
'  Aliens. 

*  Some  of  the  series,  however  (e.g.  Scotland  and  Ireland)  begin  in  the  reign  of  Charles  IL 
'  These  titles  are  still  preserved, 

***  Including  Inventions, 


Appendix   V  135 

Corporation  Papers,  Domestic  Letters,  Rebellion,  &c.,  Customs,  Excise, 
Post  Office*,  America  and  West  Indies^  Projects  and  Counter-Projects, 
Gibraltar,  Minorca,  Board  of  Traded  East  India  Company,  South  Sea 
Company,  Foreign  Ministers. 


E.     Outline  of  the  State  Paper  Office  Classification,  1848 — 1862-. 

i.     Foreign. 

{a)  Letters  and  Papers',  in  alphabetical  order  under  countries  [1509]* 
to  1688,  with  the  Entry  Books  and  Letter  Books  relating  to  the  same'. 

{b)     Royal  Letters'. 

{c)     King's  Letter  Books'. 

{d)    Ciphers^ 

{e)     Foreign  Various', 
ii.     Domestic. 

(rt)  Letters  and  Papers  relating  to  England  and  Wales,  Scotland  and 
the  Borders,  the  Channel  Islands  and  Calais  [1509] — 1688^  in  chronological 
order  >». 

{b)     Domestic  Various". 

{c)  Ireland  (Letters  and  Papers,  Entry  Books  and  Miscellaneous 
Documents). 

{d)    Miscellaneous,  including  : 

1.  Original  documents  (Papers  and  Records"). 

2.  Transcripts  and  compilations*'. 

1  These  titles  are  still  preserved. 

'  Probably  devised  by  Mr  Charles  Lechmere. 

*  Including  Treaty  Papers  (under  "T.")  and  with  many  miscellaneous  documents  and 
printed  treatises,  &c.,  interspersed. 

*  Some  much  earlier  now  included  in  "  Ancient  Correspondence,"  &c. 
'  i.e.  the  Foreign  Entry  Books,  Secretary's  Letter  Books,  &c. 

'  In-Letters  from  Royalties. 

"*  Entry  Books  of  Diplomatic  Instruments  and  Precedents  and  Out-Letters  to  Royalties, 
also  termed  "  King's  Letters."  The  Letter  Books  were  subdivided  as  relating  to  Northern 
and  Southern  Departments  respectively. 

'  With  keys. 

*  This  division  corresponded  roughly  with  the  Domestic  Miscellaneous  (below)  and 
contained  rough  letter  Iwoks,  precedents  and  deposits. 

>'  Including  a  large  number  of  subsidiary  documents  and  deposits,  such  as  original 
instruments  br  drafts  (Letters  Patent,  Privy  Seals,  Warrants,  &c.),  Docquets,  Proclamations, 
Passes,  Certificates,  Petitions,  Precedents,  Treatises,  Musters,  Exchequer  Papers  and  Depart- 
mental Papers  (Navy,  &c.). 

"  Including  a  continuous  scries  of  Warrants,  Docquets,  Law-Pap«rs,  Caveats,  Letter 
Books,  &c. 

"  A  few  only.  *'  Chiefly  of  or  from  early  Records. 


1^6  Appendix   V 

3.  Printed  Treatises,  &c. 

4.  Supplementary  Instruments  (Petitions,  Warrant  Books ^  &c.). 

5.  Supplementary  Papers  (Tangier^  Navy  Papers). 

6.  Chapter  House  Papers". 

iii.     Colonial*. 

(a)     Correspondence  and  Entry  Books  in  alphabetical  order  of  the 
Colonies  and  in  chronological  order  (1605 — 1688). 
{b)     Plantations  General. 
{c)     Journals®. 
{d)    East  Indies  (original  correspondence  and  Entry  Books)  I 

F.     Outline  of  the  Departmental  Classification  of  the 
State  Papers,   1873 — 1889^ 

i.     Home  Office  Records^. 

1.  Letters  and  Papers  (Domestic)  from  1689^"  [to  1830]. 

2.  Entry  Books  and  Letter  Books  (Domestic)". 

3.  Miscellaneous  Papers  and  Books^'^,  &c. 

4.  Departmental  Papers  and  Entry  Books.     Arranged  in  alphabetical 
order  of  Countries,  Departments,  Subjects  and  Instruments  indiscriminately^*. 

1  Scottish.  ^  Afterwards  transferred  to  Colonial  Papers. 

3  Lisle  and  other  collections. 

*  This  arrangement  was  only  provisional  as  these  Papers  were  not  yet  arranged. 

*  A  heading  still  retained.  *  i.e.  Minutes  of  the  Board  of  Trade  and  Plantations. 
^  Exclusive  of  the  East  India  Company's  Records. 

8  This  classification  obtained  from  about  the  year  1870  till  the  publication  of  the  Lists 
of  State  Papers  Domestic  (1894),  Foreign  (1904),  and  Colonial  (1908),  and  was  the  result 
of  an  artificial  arrangement  of  the  State  Papers  subsequent  to  their  transfer  to  the  Public 
Record  Office.  As  previously  stated  (p.  67)  the  Lists  of  Home  Office,  Foreign  Office 
and  Colonial  Office  "  Records,"  containing  the  results  of  this  rearrangement,  have  been 
printed  for  the  use  of  the  Public  and  for  private  circulation  only.  Although  details  of 
these  Lists  have  been  frequently  published  both  in  this  country  and  abroad,  it  has  not 
seemed  desirable  or  necessary  to  reproduce  them  here.  The  outline  given  here  is  based 
on  the  classification  employed  in  the  admirable  List  published  under  the  supervision  of 
the  present  Deputy  Keeper  in  1894.  An  outline  will  be  found  also  in  the  official  Guide 
(2nd  ed.). 

*  These  include  many  documents  of  later  date  than  1782,  and  therefore  of  a  departmental 
character  only. 

^"  This  list  was  evidently  intended  as  a  continuation  of  the  old  State  Paper  Office  List  as 
far  as  the  actual  State  Papers  Domestic  were  concerned.  The  old  regional  divisions  are 
continued  with  the  addition  of  the  Channel  Islands,  Regencies,  &c.  In  the  case  of  Scotland 
and  Ireland,  however,  the  whole  series  was  included.  Throughout  many  irrelevant  docu- 
ments are  mixed  with  the  Papers. 

"  Including,  besides  correspondence,  formal  instruments  such  as.  Warrants,  Passes, 
Licences,  Petitions,  Caveats,  Commissions,  Docquets,  &c. 

'*  e.g.  Circulars,  Precedents,  Records,  Acts,  Treatises,  Newspapers,  &c. 

1'  These  early  departmental  papers  are  properly  State  Papers.  On  the  other  hand  Navy 
Board  Papers,  mixed  with  the  State  Papers  before  1673  are  really  departmental. 


Appendix   V 


137 


ii.     Foreign  Office  Records  (1883 — 1894). 

1.  Correspondence  with  English  ambassadors,  consuls  and  agents  and 
with  foreign  ministers,  including  In-Letters,  Out-Letters  and  miscellaneous 
documents,  arranged  in  alphabetical  order  of  countries  mixed  with  special 
subject-headings  ^ 

2.  Ciphers'*. 

3.  Intercepted  letters'  ("Confidential  Miscellaneous"). 

4.  Foreign  Various*. 

5.  Royal  Letters'. 

6.  Treaty  Papers*. 

7.  Treaties'. 

iii.  Colonial  Office  Records  (1876 — 1907)'. 

1.  Colonial  Papers  and  Entry  Books®. 

2.  "America  and  West  Indies"  (Papers  and  Entry  Books)*". 

3.  Board  of  Trade  (Papers  and  Entry  Books)". 

4.  Colonial  Correspondence  ***. 

5.  Colonial  Transmissions". 

6.  Acts,  Minutes  of  Council,  Journals  of  Assembly". 

7.  Miscellaneous*". 

The  above  arranged  in  alphabetical  and  chronological  order". 

*  e.g.  Great  Britain,  General,  King's  Letters,  Foreign  Entry  Books,  Letters  to  Public 
Offices,  Military  Expeditions,  Levant  Company,  &c. 

'  With  deciphers. 

'  In  foreign  languages  chiefly  (1726 — 1765).     Many  others  are  at  the  British  Museum. 

*  Drafts,  duplicates,  inclosures,  Treatises,  Precis  and  Compilations.  A  few  Archives 
are  included  here  as  well  as  amongst  the  Correspondence. 

'  Letters  of  ceremony  from  foreign  princes. 

*  1668 — 1848  (a  convenient  subdivision). 

^  Protocols  and  Ratifications,  i.e.  original  documents. 

*  See  the  description  of  the  American  Series  by  Prof.  C.  M.  Andrews,  in  A.  H.  R. 

(«905)- 

»  Previous  to  1688. 

'"  Matters  concerning  the  Secretary  of  State's  department  as  opposed  to  the  regulation 
of  Trade  and  Colonial  administration  by  the  Board  of  Trade  and  Plantations,  with  some 
miscellaneous  papers. 

"  Matters  concerning  the  latter  department,  with  an  admixture  of  such  subject-headings 
as  Navy,  &c.,  between  1689  and  1782. 

"  Governors'  despatches. 

"  Bulky  inclosures,  chiefly. 

'*  Inclosed  in  ofllicial  despatches  for  approval. 

'*  Chiefly  departmental  papers  after  1782. 

"  These  headings  are  those  for  the  period  1574 — 1781  only.  The  later  titles  include 
departmental  Records  not  yet  open  to  the  public,  and  therefore  cannot  Ije  referred  to  here. 


138  Appendix  V 

G.     A  Structural  Classification  of  the  State  Papers \ 

I.  Letters  and  Papers,  distinguished  as  In-Letters  (Received),  and  Out- 
Letters  (Issued)  ^ 

i.     In-Letters,  distinguished  by  : 

(a)     Form  (Apographs,  Holographs,  Signed  Letters,  Entries,  &c.). 
{b)     Environment^  (Inclosures,  Intercepted,  Duphcate,  Secret,  Private, 

Confidential,  Separate,  Official,  &c.). 
{c)     Subject  (Royal  Letters,   Intelligence,   Newsletters,   References, 

Reports,  Petitions,  Memorials,  Addresses,  Domestic,  Foreign, 

Council,  Admiralty,  &c.). 

ii.     Out-Letters,  distinguished  by  : 

(a)  Form  (Drafts,  Entry  Books ^,  Letter  Books,  &c.). 

(b)  Environment  (King's,  Secretaries',  Regencies,  Domestic,  Foreign, 

North,  South,  Whitehall). 
if)     Subject  (Criminal,  Military,  Church,  &c.). 

II.  Instruments  (Secretarial). 

i.     Originals  or  Drafts  of  Warrants,  &c. 
ii.     Entries*  of  Warrants,  Commissions,  Instructions,  Caveats,  &c. 

III.  Miscellaneous,  including  many  documents,  now  mixed  with  I.  above, 
as :  Instruments,  Maps,  Ciphers,  Records,  Accounts,  Archives,  Precedents, 
Printed  Matter,  &c. 

H.     Heads  of  a  Proprietary  Classification  of  the  State  Papers ^ 

Series  I.     State  Papers  Domestic^. 

i.     Letters  and  Papers,  arranged  according  to  : 
(a)     Regions'',  in  chronological  order. 
{b)     Departmental  business,  in  alphabetical  and  chronological  order®. 

1  Regarded  as  "Records  and  Papers  of  State";  including  State  Papers  Domestic  and 
Foreign  1509  to  1782,  and  Colonial  1574  to  1782. 

*  Most  of  these  are  existing  or  recent  sub-headings. 

'  i.e.  by  the  circumstances  of  their  authorship,  custody,   transmission,   &c. 

^  Entry  Books  are  of  the  three  following  types  (a)  Copies  of  In-Letters  for  preservation 
or  reference,  (b)  Copies  of  Out- Letters  (Letter  Books),  (t)  Enrolments  of  formal  instruments, 
such  as  Warrants,  Signet  Letters,  Passes,  Caveats,  &c. 

'  Based  on  the  preceding  classification  but  distinguishing  the  proprietary  interest  of  the 
modern  departments  of  State. 

®  Including  Scotland,  Borders,  Ireland,  Channel  Islands  and  Regencies  with  England 
and  Wales. 

^  As  in  the  preceding  note. 

*  Giving  such  subject-headings  as  Military,  Naval,  Law  Papers,  Grants,  &c. 


Appendix   V  139 

ii.     Entry  Books  and  Letter  Books  for : 
(a)     Entries  of  In- Letters ^ 
{b)     Instruments-. 
{c)     Out-Letters^ 

iii.     Miscellaneous*. 

Series  II.     State  Papers  Foreign. 

i.     Letters  and   Papers,  arranged   in   alphabetical  order  of  countries 
under  "Northern"  and  "Southern"  Departments',  and  distinguished  as: 

(a)     Diplomatic  Correspondence  ("  Foreign  "  and  "  Domestic  ")". 
{b)     Special    Subjects'"    (Treaties,    Treaty    Papers,    Royal    Letters, 
Newsletters,  "General"). 

ii.     Entry  Books  and  Letter  Books^  for: 
(fl)     Entries  of  In-Letters". 
(p)     Instruments^", 
(c)      Out-I^tters". 

iii.     Miscellaneous'^  (Archives,  Intercepted  Papers,  Duplicates,  Registers 
and  compilations,  &c.). 

Series  III.     State  Papers  ColoniaP^. 

i.     Letters  and  Papers  (Secretary  of  State's). 

{a)    Colonial  Correspondence. 

{b)     Special  Subjects. 
In  alphabetical  and  chronological  order  of  the  Colonies,  distinguishing 

*  e.g.  Governors'  despatches. 
'  e.g.  Warrant  Books,  &c. 

'  e.g.  King's  and  Secretaries'  Letter  Books. 

*  Heterogeneous  documents  thrown  out  from  (i)  with  precedents,  common-place  books, 
ciphers,  circulars,  <S:c. 

'  This  division  which  goes  back  to  the  1 7th  century  is  very  helpful. 

•  That  is  the  despatches  received  from  English  Ministers  abroad  and  the  notes  received 
from  Foreign  Ministers  in  England  respectively. 

'  These  are  all  recognized  headings. 

'  In  the  later  period  Out-Letters  (to  the  Ministers  abroad)  are  only  preserved  in  the  form 
of  Drafts,  usually  bound  up  with  the  In-Letters. 

•  e.g.  Treaty  Papers. 

"  e.g.  Instructions,  Passes,  Commissions,  Credentials,  &c. 
"  King's  and  Secretaries'. 

"  i.e.  deposited  or  departmental  documents,  such  as  Pr^is,  &c. 
"  In  this  theoretical  classification  the  Records  of  the  old  Boanl  of  Trade  arc  regarded 
as  departmental  and  not  as  State  Papers. 


140  Appendix   V 

between  America  and  the  West  Indies,  Africa,  India^,  &c.,  and  with  the 
necessary  subject-headings^. 

ii.     Entry  Books  and  Letter  Books,  for : 
(o)     Entries  of  In-Letters*. 
{b)     Instruments*. 
{c)     Out-Letters  ^ 

iii.     Miscellaneous  (Archives   of  ceded  Colonies,   Colonial  Acts  and 
Sessional  Papers,  Printed  Treatises,  Journals,  Reports,  &c.). 

^  Thus  Tangier  would  come  under  Africa  (North)  and  Sierra  Leone  under  Africa  (West), 
with  a  group  of  Mediterranean  "Colonies."  The  distinction  between  "settled"  and  "ceded" 
colonies  would  scarcely  be  serviceable. 

2  Such  as  Military,  Naval,  General,  &c. 

*  These  are  veiy  numerous  in  the  present  series. 

■*  Such  as  Orders  in  Council,  Grants  of  Land,  Instructions,  Acts  of  Assembly,  &c. 

"  To  Governors  and  Commanders. 


APPENDIX   VI. 

The  Classification  of  Departmental  Records. 

A.     Theory  of  the  Classification  of  the  Records  of  a  Department 
in  Commission^. 

I.     Records  of  the  modern  department  (Board)*: 
I.     In-Letters*. 


Registers'*. 
Minutes. 
References  ^ 
Reports*. 

Out-Letters  (classed  as   Letters,  Warrants,  Commissions,  Orders, 
Instructions)  ^ 

7.  Books  of  Reference  (under  subject-headings)'. 

8.  Miscellaneous^. 

[The  above  classes  to  be  sub-divided  under  the  various  sub-departments, 
or  by  earlier  and  later  series,  or  by  subjects,  in  alphabetical  and  chronological 
order.] 

IL  Records  of  an  ancient  department  (Board)  now  absorbed  by  a 
modern  department  (Board)*. 

[The  same  method  of  classification  will  obtain.  If  more  than  one  such 
ancient  department  is  included  under  the  same  jurisdiction,  each  will  follow 
a  similar  arrangement  under  a  distinct  proprietary  title. 

The  ancient  sub-departments  (if  any)*  will  be  distinguished  as  contem- 
porary divisions  in  the  above  scheme  of  classification.] 

'  e.g.  the  Admiralty  (Secretary)  and  Treasury.  Some  other  Boards,  such  as'the  Customs 
and  Inland  Revenue,  are  possessed  of  very  imperfect  collections  of  ancient  Records.  Others 
again,  such  as  the  Board  of  Ordnance  (which  was  not  a  Commission  in  the  usual  sense)  and 
the  old  Board  of  Trade  have  been  merged  in  modern  Secretarial  departments  (War  Office 
and  Colonial  Office).  Certain  smaller  modem  Commissions  are  omitted  here  since  they 
possess  few  Records  of  historical  interest. 

*  Assuming  that  this  is  properly  entitled  to  the  Records  now  within  its  jurisdiction. 

*  Of  various  forms  and  descriptions. 

*  These  classes  of  Records  do  not  always  occur  in  existing  departments. 
'  These  types  are  often  distinguished  by  special  titles. 

*  Such  as  Accounts,  Establishments,  Returns,  &c. 

'  Either  mere  office-books  or  documents  deposited,  &c.  The  Records  of  the  ancient 
departments  referred  to  Ijelow  (B)  are  not  included  here. 

*  e.g.  the  Navy  Board,  Victualling  Office,  Transport  Board,  Medical  Board,  Greenwich 
Hospital,  &c.,  under  the  modem  Board  of  Admiralty. 

*  e.g.  the  Navy  Office  (Comptroller  and  Surveyor)  and  Navy  Pay  Office  (Treasurer) 
representing  the  Navy  Board,  together  with  the  Bill  Office,  Ticket  Office,  Imprest  Office 


142  Appendix   VI 

III.  Records  of  an  ancient  department  (not  in  Commission)  now 
absorbed  by  a  modern  department  (in  Commission)^ 

i.  In-Letters. 

ii.  Out-Letters. 

iii.  Books  of  reference. 

iv.  Miscellaneous. 

B.     Theory  of  the  Classification  of  the  Records  of  a  Department 
not  in  Commission'^. 

I.     Records  of  the  modern  department. 

i.  In-Letters^  \ 

ii.  Out-Letters  ^  I        With  sub-divisions  for  the  subordinate 

iii.  Books  of  reference^.  j   departments. 

iv.  Miscellaneous®.  ) 

subordinate  to  the  above.  Numerous  Commissions  of  Enquiry  have  transferred  their  Records 
to  certain  of  the  larger  departments,  notably  the  Treasury  and  Home  Office.  These  Records 
differ  widely  in  character  from  those  of  the  ancient  Boards.  Generally  speaking  they  will 
be  found  to  include  the  following  subjects :  (i)  Departmental  correspondence,  (2)  Registration 
and  statement  of  claims  or  counter-claims,  (3)  Proceedings  of  the  Commissioners,  (4)  Awards, 
(5)  Official  Accounts  of  Liquidators  of  claims.     For  details,  see  the  official  Guide. 

^  The  existence  of  such  departments  is  quite  exceptional,  for  unless  an  independent 
department  represented  the  agency  either  of  the  Secretarial  or  Household  officers  of  the 
Crown,  it  would  inevitably  derive  its  authority  from  a  Royal  Commission.  Instances  of 
such  exceptional  jurisdictions  might  perhaps  be  found  in  the  case  of  the  Royal  Marine 
Office  (Admiralty)  and  the  Exchequer  and  Audit  Office,  but  of  these  the  connexion  of  the 
latter  with  the  Treasury  is  anomalous  whilst  the  Records  of  the  former  are  evidently 
incomplete. 

^  This  again  is  a  purely  artificial  classification,  necessitated  by  the  existence  of  exclusive 
departmental  jurisdictions.  The  chief  departments  included  here  are  the  Home,  Foreign, 
Colonial  and  War  Offices  and  the  Royal  Household.  Certain  small  modem  Commissions 
whose  records  are  of  an  irregular  type  should  probably  be  included  here  instead  of  under 
Boards.  The  characteristic  distinction  of  the  present  group  is  the  absence  of  Registers, 
Minutes,  References  and  Reports*  as  separate  series. 

^  In  the  form  either  of  miscellaneous  Letters  and  Papers  (Home  Office)  or  of  Despatches 
(Foreign,  Colonial  and  War  Offices)  resembling  the  correspondence  of  earlier  date  classified 
as  State  Papers. 

*  Copies  of  official  letters  despatched,  and  Entry  Books  of  In-Letters  are  rarely  found 
with  these.  In  some  cases  only  Drafts  are  preserved  bound  with  the  In-Letters  (Foreign 
Office).  Instruments  are  found  which  represent  the  administration  of  the  royal  prerogative 
by  these  departments  (Commissions,  Orders,  Instructions,  Warrants). 

*  Of  the  same  nature  as  those  mentioned  above  p.  94,  especially  in  the  case  of  War 
Office  Records. 

*  Including  a  still  larger  collection  of  Common-place  Books  and  semi-official  correspon- 
dence, with  deposits  such  as  Soldiers'  and  Sailors'  Wills,  Colonial  and  Legation  Archives, 
and  printed  papers,  &c. 

1  With  the  exception  of  some  collections  of  Law  Officers'  Opinions  and  Judges'  Reports.  Registers  of 
War  Office  correspondence  were  prepared  for  official  use  from  1793  onwards  and  probably  the  same  remark 
applies  to  the  other  departments  under  consideration.  These  Registers  however  were  connected  with  the 
machinery  for  answering  the  In-Letter  rather  than  with  its  consideration  upon  being  te&d />ro  forma. 


Appendix   VI  143 

II.  Records  of  an  ancient  department  (not  in  Commission)  now 
absorbed  by  a  modern  department  ^ 

[To  follow  the  same  arrangement  as  above  (A.  III.  and  B.  I.)  with  a 
separate  heading  for  each  ancient  department,  if  more  than  one  is  included 
in  the  same  jurisdiction.] 

III.  Records  of  an  ancient  department  (in  Commission)  now  absorbed 
by  a  modern  department  (not  in  Commission)'*. 

[To  follow  the  same  arrangement  as  above  (A.  I.).] 

*  There  are  few  such  departments  possessed  of  historical  Records.  Those  of  the 
Surveyors  General  of  Woods  and  Works  and  of  the  Judge  Advocate  General  (War  Office) 
might  perhaps  l)e  included  under  this  head,  if  they  have  been  preserved  intact ;  and  the 
same  remark  applies  to  the  old  Commissariat  department  subsequently  administered  by  the 
Treasury  and  War  Office  successively. 

2  Important  instances  occur  in  the  case  of  the  Ordnance  Board,  absorbed  by  the  War 
Office  since  1855,  ^"^  the  old  Board  of  Trade  (ending  1782),  the  Records  of  which  are 
claimed  by  the  Colonial  Office.  In  the  case  of  the  latter  department  the  Journals  appear 
to  serve  the  general  purpose  of  Minutes,  Reference  and  Report  Books,  whilst  a  curious 
system  of  registration  prevailed  by  means  of  an  alphabetical  and  numerical  notation 
resembling  somewhat  the  ideographic  system  of  the  mediaeval  repositories. 


APPENDIX 

Specimen  Research  Form  for  a  Historical 


Historical  Subject 

Printed  References 

Parallel  MSB. 

The    Inquest    of    Judges — 

The  State  Trials  of  the  reign 

MS.  Cotton  Nero,  A 

.  6  fo. 

(Edwardian    State  Trials, 

of  Edward  I.   (ed.  T.  F. 

32 

1289 — 1293        illustrating 

Tout  and  Hilda  Johnstone) 

MS.  All  Souls'  Coll. 

39.  fo. 

Political  History,   Consti- 

(1906) 

109  b. 

tutional     History,     Social 

Red  Book  of  the  Exchequer 

MS.  Add.  31826,  fo. 

54 

History,  History  of  English 

(Rolls),  cccxv.  sq. 

Law,  Biography,  &c.)- 

Stubbs,  C.  H.  II.  125 
Ramsay,  Dawn  of  the  Con- 
stitution, p.  366  sq. 

etc. 

Pauli,  Geschichte,  IV.  50  sq. 

Political  History  of  England 

Seeley,  Edward  I.  p.  75  sq. 

Yoss,  judges,  s.t. 

Diet.  Nat.  Biogr.  s.t. 

Calendars    of   Patent  Rolls 

- 

(1272 — 1292) 

Calendars    of    Close    Rolls 

(1279 — 1296) 

Calendars  of  Ancient  Deeds 

Calendarof Inquisitions  P.M. 

Abbrev.  Placitorum  (passim) 

Stowe,  Survey,  I.  86 

Foedera,  i.  (2)  711,  715 

Ann.  Lond.  97  sq. 

—    Dunstable,  355  sq. 

—     Wav.  408 

—     Berm.  467 

• —      Wigorn.  499 

Wykes,  319 

Bart.  Cott.  171  sq. 

Peckham,  III.  968 

Heminburgh,  II.  16 

Chron.  Ed.  I.  and  //.  I.  97 

Flor.  Hist.  III.  70  sq. 

Rishanger,  420 

J.  Oxnead,  275 

Cont.  Flor.  Wigorn.  il.  241 

Chron.  Melsa,  11.  251 

etc. 

' 

VII. 


Subject  from  various  Official  Sources. 


Classified  Source 

Official  Reference 

Description 

Judicial  Proceedings 

i.     Records  of  Pleas 

(Chancery) 

Parliament  Rolls 

Enrolment  of  Proceedings  in 
Parliament 

(Exchequer) 

Plea  Rolls 

Special  pleadings  on  Accounts 

Memoranda  Rolls 

Enrolments  of  precepts,  ap- 
pearances, recognizances, 
&c. 

Pleas  of  the  Crown  and  Civil 

(King's  Bench) 

Coram  Rege  Rolls 

Pleas 

Assize  Rolls,  &c 

Proceedings  of  the  Justices 
in  eyre  and  Commissioners 

Gaol  Delivery  Rolls 

Proceedings  against  prisoners 

(Common  Pleas) 

De  Banco  Rolls 

Common  Pleas  held  by  the 
Justices 

Feet  of  Fines 

Conveyances  of  lands 

ii.     Subsidiary  Records 

(Chancery) 

Miscellaneous  Inquisitions . 
Parliamentary  Proceedings 

(Exchequer) 

Exchequer  (K.  R.)  Pro- 

Information or  Proceedings 

ceedings 

subsidiary    to    the    Com- 

Miscellanea of  the  Ex- 

missioners' inquiry 

chequer 

L.  T.  R.   Miscellaneous 

Rolls                                 / 

Ministerial  Proceedings 

i.     Diplomatic  Documents 

(a)     Originals 

Ancient  Petitions 

Addressed  to  the  King  in 
Council  or  to  the  Parlia- 
ment or  Chancellor 

(Chancery) 

Warrants  for  Issue 

Directions  for  preparing  let- 
ters under  the  Great  Seal, 
&c. 

Addressed   to   the   King  or 

Ancient  Correspondence 

Chancellor 

(f>)    Enrolments 

Patent  Rolls 

Grants,  Mandates,  Commis- 

(Chancery) 

sions,  &c. 

Close  Rolls 

Precepts  of  several  kinds 

Fine  Rolls 

Notes  of  Fines  or  Oblations 
offered  in  return  for  Par- 
don, &c. 

Redisseisin  Rolls 

Memorandum  of  the  King's 
transfretation 

(Exchequer) 

Originalia  Rolls 

Memoranda  of  Grants  for 
which  Fines,  &c.  are  due 

H. 


lO 


146 


Appendix  VII 


Appendix  VII.  {continued).     Specimen  Research  Form  for  a 
Historical  Subject  from  various  Official  Sources. 


Historical  Subject 

Printed  References 

Parallel  MSS. 

> 

Classified  Source 

Official  Reference 

Description 

ii.     Inquisitions     and      Re- 

Inquisitions P.M. 

On  the  deaths  of  Crown  ten- 

turns 

ants                                        1 

(Chancery) 

Hundred  Rolls                    | 

Inquisitions  concerning  local  i 

Miscellaneous  Inquisitions/ 

misgovernment  and  en- 
croachments 

iii.     Accounts 

Pipe  Rolls 

Declarations  of  Sheriff's  Ac- 

(Exchequer) 

counts 

Liberate  Rolls 

Payments  of  Salaries,  &c. 

Issue  Rolls 

Payments  out  of  Revenue 

Receipt  Rolls 

Receipts  of  Revenue 

Exchequer  Accounts 

Of  Amerciaments,  &c. 

Precedents 

Exch.  K.  R.  Misc.  Bks.  No.  2 

The  case  of  Adam  de  Strat- 

(Red  Book  of  Exchequer) 

ton 

Liber  Memorandoritm 

Memoranda  and  Inventories 
of  Exchequer  Records 

Kirkby's  Quest  (Exch.  K.  R. 

Feudal  tenures,  1285 

Misc.  Bks.  No.  17) 

Miscellaneous 

Ancient  Deeds 

Charters,    bonds   and   other 

(Exhibits  or  Deposits) 

title-deeds  relating  to  the 
accused  judges 

Ministers'  Accounts 

Relating  to  the  estates  of 
the  accused 

etc. 

APPENDIX   VIII. 

The  Several  References  to  the  State  Papers  of  a  Single 
Year  (1697)  remaining  in  Official  Custody^ 

I.     State  Papers  Domestic. 


(^) 


S.  p.  Dom. 

William  and  Mary. 

S.  P.  Dom. 

King  William's  Chest. 

S.  P.  Dom. 

Entry  Books^ 

(Caveats). 

(Council  Office). 

(Ecclesiastical). 

(Military). 

(Passes). 

(Petitions). 

(Precedents). 

(Warrants). 

S.  P.  Dom. 

Letter  Books. 

(King's). 

(Secretary's). 

(Signet  Office)'. 

[H.  0.]     Admiralty*. 

[H.  0.]     I^w  Papers. 

[S.  P.  Dom. 

]     Proclamations. 

(^) 


(^) 


*  This  year  has  been  selected  without  any  particular  reason.  The  selection  excludes 
a  few  well-known  series  of  earlier  or  later  date,  such  as  "Borders"  and  "Post  Office," 
and  does  not  include  semi-official  collections  or  foreign  transcripts.  Where  this  year  is  not 
indicated  in  the  published  Lists,  the  covering  dates  are  presumed  to  include  it,  in  accordance 
with  the  usual  meth(Kl  of  research. 

'  These  occasionally  refer  to  Foreign  and  Colonial  matters  and  more  than  one  subject 
is  often  entered  in  the  same  volume. 

'  These  are  really  Irish  Letter  Books.  The  Signet  Office  Records  are  not  included  in 
this  list. 

*  Outlying  .State  Paj^ers  such  as  the  Greenwich  Hospital  (Admiralty)  Newsletters  and 
others  included  in  the  official  Calendars  have  not  been  included  here.  It  will  be  found 
moreover  that  there  is  considerable  difficulty  in  distinguishing  between  "  State  Papers"  and 
the  "Departmental  Papers"  of  the  Admiralty,  Treasury,  War  Office  and  Ordnance,  &c., 
some  of  the  latter  being  included  in  the  official  Calendars  or  Lists  of  State  Papers  though 
they  have  been  omitted  here. 

lo — 2 


148  Appendix   VIII 

(e)     State  Paper  Office  Documents  ^ 

(/)    State  Papers  Supplementary^ 

{g)    State  Papers  Miscellaneous  ^ 

{h)    State  Papers,  Scotland  (Letters  and  Papers). 

(Warrant  Book). 

it)    State  Papers,  Ireland  (Letters  and  Papers). 
(King's  Letter  Book). 

(y)    State  Papers,  Channel  Islands. 

(k)    [H.  O.]     Regencies*. 

2.  State  Papers  Foreign. 

(a)  Letters  and  Papers  from  various  European  and  African  States'. 

{^)  Royal  Letters  from  and  to  the  same. 

(c)  Foreign  Entry  Books  for  the  same. 

(d)  Newsletters  from  the  same. 

(e)  Foreign  Ministers  for  the  same. 
(/)  Treaty  Papers  for  the  same. 
(g)  Treaties  with  the  same. 

(A)     Archives  of  English  Missions  to  the  same. 
(/)     State  Papers  Foreign,  "Various." 

3.  State  Papers  Colonial, 
{a)     Colonial  Papers. 

{b)  Colonial  Entry  Books. 

{c)  America  and  West  Indies. 

{d)  Sessional  Papers. 

{e)  Papers  of  the  Board  of  Trade  (Plantations). 

(/)  Entry  Books  of  the  same  (Plantations). 

{g)  Entry  Books  of  the  same  (Trade). 

^  A  semi-official  collection  relating  to  the  State  Papers  at  large. 

*  To  the  Domestic  Letters  and  Papers,  a  collection  of  greater  value  for  an  earlier  period. 
^  The  residue  of  Sir  J.  Williamson's  collection  not  distributed  amongst  the  other  series. 

*  i.e.  correspondence  with  the  Lords  Justices  during  the  King's  absence. 

'  This  series  also  includes  "Military  Auxiliary  Expeditions"  which  are  detached  from 
the  War  Office  correspondence  for  reasons  explained  elsewhere. 


APPENDIX    IX. 

Outline  of  the  Principal  Sources  from  which  the  Departmental 
Records  in  Official  Custody^  might  be  supplemented^ 

1.  Departmental  Records  in  official  custody  not  yet  arranged  or  described 
(if  any)'. 

2.  Departmental  Archives  not  yet  transferred  to  the  above  official  custody 
(if  any)*. 

3-     Papers  removed  from  State  Departments,  viz. 

(a)     Presented  to  or  acquired  by  the  Public  Record  Office*. 
(d)     Acquired  by  public  Libraries  or  Institutions'. 

(c)  Acquired  by  private  corporations. 

(d)  Acquired  by  individual  collectors. 

(e)  Still  in  the  custody  of  official  families  or  their  legal  representa- 

tives'. 
(/)    Acquired  by  foreign  institutions  or  collectors. 
{g)    Transcripts  or  texts  of  any  of  the  above  available  for  reference. 

'  i.e.  the  Public  Record  Office  as  indicated  by  the  Order  in  Council  of  1851. 

'  This  list  is  intended  to  serve  as  a  mere  suggestion  of  the  several  external  sources  which 
should  be  borne  in  mind  by  the  student.  It  does  not  cover  cases  of  the  transfer  of  Records 
from  one  Department  to  another.     It  will  apply  equally  to  State  Papers. 

*  Sec  Official  Guide,  p.  366  sq. 

*  See  notices  in  the  daily  press  of  recent  discoveries  of  departmental  Records. 
'  See  Official  Guide,  p.  403. 

*  e.^.  the  British  Museum,  University  Libraries,  Royal  Institution,  &c. 
^  See  Historical  Manuscripts  Commission,  17M  Report,  Index. 


APPENDIX 


OUTLINE   OF   THE   BIBLIOGRAPHY   OF 

I.     Mediaeval 


Title 

Form  and  Extent  of 
Publication 

Production  and  Distribution 

1 .    General  Works  of  Refer- 

ence: 

(a)     Bibliographies 

(6)    Guides  (to  Archives  and 

Collections) 

(c)     Handbooks  of  Auxiliary 

Studies 

2.     Lists: 

Official  Enterprise 

Indexes 

Collections 

Corporate       ,, 

Inventories 

Single  Works 

Individual      ,, 

Repertories 
Catalogues 

Periodicals 
Complete  Editions 

National  Interest 
Regional         „ 

3.     Calendars 

Partial            „ 

County           „ 
Parochial        „ 

4.     Transcripts     and     Fac- 
similes 

Manorial        „ 
Institutional  ,, 

5.     Texts  of  Documents 

6.     Excerpts  from  Texts 

("  Source-Books  ") 

7.    Original  Compositions 

X. 


OFFICIAL   HISTORICAL   DOCUMENTS. 
Records. 


Date  of  Publication 

General  Historical  Subject 

Special  Historical  Subject 

Laws  and  Ordinances 

Judicial  Proceedings 

Parliamentary  Proceedings 

Ministerial  Proceedings 

Local  Government 

Municipal  Government 

Private  Franchises 

Ecclesiastical  Relations 

Diplomatic  Relations 

Foreign  Possessions 

Aliens  and  Jews 

Forests  and  Fens 

Political 

Works  and  Mines 

Constitutional 

Revenue  and  Taxation 

Early 

Social 

Feudal  and  Customary 

Modern 

Economic 

Tenures 

Works 

Ecclesiastical 

State  of  Society 

Local 

Industry  and  Commerce 

History 

History  of  Prices 
Manorial  and  Agrarian 

Economy 
Army  and  Navy 
Mint  and  Exchange 
Royal  Household 
Natural  History 
Archaeology 
Genealogy 
Topography 
Archive  Economy 

etc 

152 


Appendix  X 
Appendix  X.  (continued).     II. 


Later  Records,  State 


Title 

Form  and  Extent  of 
Publication 

Production  and  Distribution 

1.  General  works  of  Refer- 
ence 

2.  Lists,  &c. 

3.  Calendars 

4.  Transcripts     and     Fac- 
similes 

5.  Texts  of  Documents 

6.  Excerpts  from  Texts 

("Source-Books") 

7.  Original  Compositions 

Collections 
Single  Works 
Periodicals 

Complete  Editions 
Partial             ,, 

Official  Enterprise 
Corporate       „ 
Individual      ,, 

National  Interest 
Regional        , , 
County           ,, 
Parochial       ,, 
Institutional  ,, 

Appendix  X 
Papers  and  Departmental  Records. 


153 


Date  of  Publication 

General  Historical  Subject 

Special  Historical  Subject 

Judicial    Proceedings   (State 

Trials,  &c.) 

Royal  Commissions 

Commutation  of  Tenures  and 

Franchises 

Agrarian  Changes 

Local  Government 

Ecclesiastical  Government 

Ministerial  Government 

Diplomatic  Relations 

Royal  Prerogative 

Justice  and  Police 

Poor  Laws 

Political 

Civil  List 

Constitutional 

Revenue  and  Taxation 

Early 

Social 

Army  and  Navy 

Modem 

Economic 

Internal  Defence 

Works 

Ecclesiastical 

Trade  and  Plantations 

Local 

Exploration  and  Emigration 

Naval 

Chartered  Companies 

Military 

Universities,    Schools,    and 

History 

Charities 
Currency  and  Banking 
Crown     Lands    and    Royal 

Household 
Works  and  Buildings 
Court  Ceremonies 
Inventions 
Aliens 

History  of  Prices  and  Wages 
Biography 
Topography 
Maps  and  Plans 
Archive  Economy 

etc. 

PART    II 


THE    DIPLOMATIC 

OF 

OFFICIAL    HISTORICAL    DOCUMENTS 


INTRODUCTION  TO  THE  DIPLOMATIC  STUDY 
OF   OFFICIAL   DOCUMENTS. 

It  has  often  been  remarked  that  the  Public  Records  of  this 
country  are  unequalled  throughout  Europe  in  number  and  historical 
interest.  To  this  observation  we  might  add  that  amongst  our  Records 
those  of  the  Chancery  itself  would  be  found  to  be  in  the  most  perfect 
state  of  preservation.  This  being  so  it  is  at  first  sight  a  matter  of 
some  surprise  that  such  scanty  information  is  available  respecting  the 
characteristic  formulas  of  the  national  diplomata,  especially  as  many 
causes  were  at  work  during  the  mediaeval  period  of  our  history  to 
stimulate  professional  and  individual  interest  in  diplomatic  criticism*. 
But  although  the  prerogative  of  the  Crown  and  the  welfare  of  the 
community  were  equally  concerned  in  the  purity  and  legality  of  the 
instruments  which  purported  to  issue  from  the  early  Chancery,  it  may 
at  least  be  suggested  that  in  too  many  cases  no  adequate  scrutiny 
was  applied  to  them. 

The  fiscal  exigencies  and  the  unabashed  official  corruption  of  the 
age  will  sufficiently  account  for  many  of  these  concessions.  Moreover 
so  far  from  being  a  presumptive  object  of  distrust,  a  royal  charter  was 
something  sacro-sanct  in  the  eyes  of  mediaeval  lawyers  and  officials. 
It  is  true  that  the  hardy  chronicler,  in  spite  of  a  credulous  acceptance 
(in  the  interests  of  his  own  house)  of  many  impossible  evidences  of 
the  royal  favour,  was  capable  of  very  shrewd  reflections  upon  the 
character  of  the  treasured  muniments  of  a  rival  community'.  At  the 
same  time  there  were  no  traditions  of  an  old  English  Chancery  to 
direct  and  stimulate  these  fitful  essays.  Thus  it  came  to  pass  that 
the  flood  of  diplomatic  criticism  which  had  its  source  in  the  New 
Learning  of  the  Renaissance  period  and  which  was  swelled  by  the 
religious  controversies  of  the  i6th  and  17th  centuries,  found  its 
natural  course  through  continental  channels.  From  that  time  onward 
English  scholarship  has  toiled  painfully  in  the  wake  of  foreign  science. 

'  Below,  p.  185  sq.  '  Below,  p.  186  and  Appendix. 


158  Introduction  to  the  Diplomatic  Study 

Now  and  again  a  few  specialists  have  dealt  with  diplomatic  subjects, 
but  even  the  antiquarian  giants  of  the  17th  and  i8th  centuries, 
Prynne,  Dugdale,  Hickes,  Madox  and  their  fellows,  were  but  im- 
perfectly versed  in  the  canons  of  diplomatic  criticism,  first  enunciated 
by  the  Papal  curia  at  the  end  of  the  12th  century,  and  finally  adopted 
by  learned  Europe  six  centuries  later  through  the  labours  of  the 
Benedictines.  Then  with  the  great  revival  of  historical  learning 
throughout  Europe  in  the  second  quarter  of  the  19th  century  this 
country  lost  another  opportunity  of  placing  the  systematic  study  of 
diplomatic  documents  upon  a  sure  foundation.  For  in  the  place  of  the 
National  Archives,  first  organized  by  the  genius  of  Republican  France 
and  their  fitting  annexe  in  the  shape  of  an  Ecole  des  Charles,  a  govern- 
ment absorbed  by  party  politics  and  complacently  tolerant  of  the 
productions  of  its  Record  Commission  was  content  with  a  wholly 
inadequate  Repository  under  the  charge  of  an  ordinary  establishment 
of  the  Civil  Service.  It  is  not  surprising  therefore  that,  with  the 
distinguished  exception  of  the  sound  but  rather  elementary  official 
disquisitions  of  Sir  T.  D.  Hardy,  the  subject  of  our  insular  Diplo- 
matic continued  to  be  wholly  neglected  down  to  our  own  time. 

Of  the  revival  of  this  study  at  Oxford  under  the  scholarly  influence 
of  Mr  R.  L.  Poole  or  of  the  brilliant  contributions  to  the  new  learning 
made  by  Mr  W.  H.  Stevenson  and  Mr  J.  H.  Round  it  is  unnecessary 
to  speak  here.  Indeed  there  can  be  little  doubt  that  the  importance 
of  the  subject  is  fully  recognized  by  the  present  generation  of  English 
historical  scholars.  There  is  indeed  a  growing  feeling  that  our  his- 
torians have  been  scarcely  fairly  treated  in  the  matter  of  the  provision  of 
certain  essential  aids  to  diplomatic  calculation.  Bond's  Handy  Book 
is  with  us  still,  but  we  know  its  limitations,  and  in  other  respects  this 
work  must  be  supplemented  by  some  foreign  Treasury  of  Chronology. 
In  the  province  of  Biography,  where  notable  advances  have  been 
made  in  recent  years,  it  is  almost  incredible  that  we  should  still  need 
a  working  list  of  Chancery  officials.  We  possess  an  expensive  work 
on  the  Great  Seals  of  England,  but  the  evolution  of  the  Smaller  Seals 
remains  in  utter  obscurity.  Most  of  all  we  lack  a  Formula  Book 
based  on  some  comprehensive  system  of  diplomatic  classification. 
Certainly  the  slight  but  useful  handlists  of  the  royal  style  compiled 
by  Sir  T.  D.  Hardy^  and  greatly  improved  by  Mr  W.  de  G.  Birch- 
are  not  exhaustive.  It  is  not  more  than  two  years  ago  since  an 
interesting  suggestion  concerning  an  important  change  in  the  style  of 

1  Rot.  Chart.  (Pref.).  «  Second  Report  of  Index  Soc.  1879  (Appx.  2). 


of  Official  Documents  159 

Henry  II  was  made  by  a  great  French  scholar*.  We  have  seen  from 
a  recent  communication  concerning  an  eventful  change  in  the  first 
Mary's  style'  that  a  defective  list  may  be  a  serious  hindrance  to  the 
historian,  and  there  can  be  little  doubt  that  other  discoveries  could  be 
made  by  patient  investigation. 

It  is  now  generally  accepted  that  some  knowledge  of  this  subject 
must  be  acquired  by  students  of  palaeography  who  are  concerned 
with  other  than  purely  literary  MSS.  It  might  even  be  insisted  that 
it  is  impossible  to  acquire  an  intelligent  perception  of  the  system  of 
mediaeval  official  writing  without  a  sufficient  knowledge  of  the 
formulas  and  professional  routine  of  the  national  chanceries.  Again, 
it  can  scarcely  be  doubted  that  a  knowledge  of  the  appropriate 
formulas,  technical  terms  and  nomenclature  found  in  official  docu- 
ments must  prove  of  great  assistance  to  the  modern  searcher  or  the 
transcriber.  For  one  so  armed  the  struggle  with  these  palaeo- 
graphical  difficulties  has  been  already  half-won.  Unfortunately  few 
English  scholars  care  to  pursue  the  practice  of  historical  method 
beyond  the  bare  requirements  of  textual  criticism ;  but  when  a 
student  of  historical  Acts,  though  limited  perforce  to  printed  texts, 
is  yet  well  versed  in  their  diplomatic  composition,  the  gain  to  him  in 
point  of  interest  and  perception  is  quite  remarkable.  In  both  cases, 
however,  native  enterprise  in  respect  of  these  original  studies  is 
discouraged  by  the  lack  of  information  and  instruction  above  referred 
to.  It  is  true  that  with  an  ample  choice  of  foreign  text-books  the 
actual  construction  and  innermost  significance  of  the  imperial  or 
royal  Acts,  Papal  Bulls,  and  notarial  instruments,  received  and 
miraculously  preserved  in  our  own  Archives,  can  be  understood.  In 
addition  to  these,  many  diplomatic  forms  of  legal,  ecclesiastical  and 
mercantile  documents  can  be  sufficiently  comprehended  from  the 
same  bountiful  source  of  information.  But  the  continental  expert 
has  hitherto  let  the  royal  Acts  of  the  English  Chancery  and  their 
developments  in  the  shape  of  curial  and  ministerial  instruments 
severely  alone*. 

The  student  of  native  Diplomatic  will  find  in  the  Anglo-Saxon 
and  Anglo-Norman  Charters,  in  the  special  forms  of  instruments 
under  the  Greater  and  Smaller  Seals  of  the  later  Plantagenets  and  in 
the  departmental  procedure  of  the  i6th  and    17th  centuries,  types 

»  See  below,  p.  119.  »  Cf.  E.  //.  A',  xv.  no. 

'  This  was  written  before  an  opportunity  had  occurred  of  perusing  the  interesting  essay  of 
Monsieur  E.  D^prez.  The  value  of  the  work  clone  in  this  direction  by  Brunner,  D^lisle, 
Liebermann,  B^mont  and  Aronius  is  already  well  known. 


i6o  Introduction  to  the  Diplomatic  Study 

which  he  will  seek  in  vain  to  define  by  recourse  to  the  continental 
handbooks.  It  is  as  though  a  naturalist  should  attempt  to  identify 
the  British  Fauna  with  the  species  figured  in  some  foreign 
catalogue.  Thanks  to  the  knowledge  acquired  through  a  scientific 
training  many  forms  would  be  familiar,  whilst  others  would  merely 
present  variations  due  to  climate  or  environment.  At  the  same  time 
many  more  on  either  side  would  be  unrecognizable.  Yet  in  this  case 
recourse  to  alien  literature  need  not  be  had  since  scores  of  native 
handbooks  are  available.  But  with  all  our  wealth  of  literature 
dealing  with  other  subjects  how  few  are  the  works  devoted  to 
the  scientific  aspect  of  English  Diplomatic !  In  view  of  this  obvious 
deficiency  any  serious  attempt  to  fill  the  void  by  means  of  written 
descriptions  or  academic  teaching  may  be  acceptable.  Possibly  the 
latter  method  would  seem  for  the  moment  more  practicable  than  the 
former,  but  its  beneficial  effects  cannot  be  regarded  as  being  very 
widely  distributed.  At  most  half  a  dozen  students  yearly  enjoy  the 
great  advantage  of  attending  the  admirable  lectures  given  at  Oxford 
in  the  best  style  of  the  foreign  Universities,  and  perhaps  another 
fifty  derive  more  or  less  benefit  from  the  very  modest  course  of 
instruction  provided  in  the  Universities  of  London,  Edinburgh, 
Manchester  and  Liverpool.  But  the  gain  from  these  valuable  studies 
is  for  the  teachers  and  students  alone.  The  information  acquired 
through  their  researches  is  not  directly  available  to  English  students 
at  large  and  is  quite  unknown  to  the  still  larger  body  of  continental 
students  who  have  long  desired  to  possess  a  more  adequate  descrip- 
tion of  the  insular  diplomata.  For  example,  in  a  recent  number  of 
a  French  review^  the  doyen  of  European  scholars  in  these  "auxiliary 
sciences"  describes  and  discusses  two  langnettes  which  he  has 
observed  to  have  been  cut  from  the  bottom  margin  of  our  I2th  century 
writs ;  and  yet  in  the  following  pages  there  will  be  found  a  description 
of  these  langnettes  with  their  diplomatic  uses,  which  was  written  more 
than  12  years  ago  from  notes  and  drawings  of  original  specimens  and 
which  has  served  as  the  basis  of  successive  lectures  and  for  the  ex- 
hibition of  models  to  many  generations  of  London  University  students. 
Instances  of  this  sort,  however  trivial  in  themselves,  may  serve 
as  an  excuse  for  an  unwonted  egotism  in  assuming  that  the  desultory 
researches  and  unconventional  teaching  of  1 2  years  may  benefit  a  wider 
circle  of  post-graduate  students.  Perhaps  the  scope  of  the  present 
essay  will  be  sufficiently  indicated  by  the  classified  T^ble  of  Diplomatic 
instruments  printed  in  an  Appendix.     This  presentment  of  the  normal 

1  Bibliothique  de  r£cole  des  Charles  (T.  LXVIII,  p.  309). 


of  Official  Documents  i6i 

diplomatic  types  which  are  usually  recognized  as  variants  of  the 
Charter,  the  Writ  and  even  of  the  Letter  will  be  familiar  to  students 
of  the  continental  manuals  of  the  orthodox  Diplomatic.  This  com- 
pilation is  the  product  of  much  labour  and  consideration  and  it  has 
natually  formed  the  basis  both  of  the  following  sections  of  the  present 
work  and  of  the  Formula  Book^  which  may  be  permitted  to  serve 
as  an   Appendix  of  illustrative  types. 

The  inclusion  in  this  work  of  a  section  dealing  with  Record 
types  which  will  be  familiar  to  those  who  use  the  publications 
of  the  Record  Commission  and  Rolls  Series  may  perhaps  require 
a  better  justification  than  the  plea  of  utility.  Whether  the  writer  has 
made  out  a  case  for  the  serious  treatment  of  these  abnormal  types 
must  be  decided  by  those  who  do  not  shrink  from  the  perusal  of  the 
pages  in  which  this  obscure  and  doubtful  aspect  of  the  subject  is 
discussed.  Idle  and  unconvincing  as  such  special  pleading  must 
always  seem  to  the  judicious  reader,  it  may  at  least  have  the  desired 
effect  of  drawing  the  attention  of  more  competent  investigators  to  an 
interesting  and  neglected  subject. 

At  the  same  time  it  must  be  made  clear  that  even  in  the  legitimate 
sphere  of  diplomatic  study  the  scope  of  the  present  attempt  is  strictly 
limited.  It  is  needless  to  dwell,  however  briefly,  upon  the  conven- 
tional aspects  of  the  subject  which  have  been  stated  at  large  in 
many  foreign  text-books  and  summarised  for  the  benefit  of  English 
students  in  a  singularly  lucid  sketch  which  is  accessible  to  all^ 
For  a  like  reason  it  has  seemed  unnecessary  to  introduce  any 
detailed  comparisons  between  the  formulas  of  English  diplomatic 
instruments  and  those  of  continental  states.  It  will  also  be  evident 
that  the  scope  of  the  present  work  admits  of  no  reference  to  the 
Scottish  or  Irish  archives  under  the  charge  of  separate  government 
establishments  and  within  the  sphere  of  interest  of  national  academies 
and  native  students.  Finally  the  importance  of  several  cognate 
studies  such  as  Chronology,  Sigillography,  Numismatic,  Linguistic, 
fiiography.  Topography  and  Archaeology,  which  in  turn  subserve  the 
study  of  this  auxiliary  historical  science,  can  only  be  recognized  in 
a  brief  bibliographical  note. 

F"or  the  rest,  the  establishment  and  apparatus  of  the  English 
Chancery  cannot  be  adequately  treated  for  a  further  reason  which 
will  be  presently  referred  to.  There  remains  therefore  only  the 
classification,  definition  and  description    of  the   several   diplomatic 

'  See  Preface. 

^  The  essay  by  Mr  R.  L.  Poole  in  Cambridgi  Historical  Teatking. 

H.  II 


1 62  Introduction  to  the  Diplomatic  Study  of  Official  Documents 

instruments  which  issued  from  the  royal  Chancery  or  secretariat  of 
this  country  or  which  are  preserved  amongst  its  diplomatic  archives. 
Even  these  can  only  be  treated  in  a  desultory  way,  though  a  fuller 
treatment  is  invited  by  their  historical  interest.  Indeed  the  only 
claim  to  a  comprehensive  method  that  these  Essays  can  possess  is 
based  upon  their  exceptional  range  in  point  of  date,  embracing  as 
they  do  types  of  the  whole  series  of  official  instruments  from  the 
Anglo-Saxon  Charter  to  the  Sign  Manual  Warrant  of  our  own 
times. 


THE  ANGLO-SAXON  CHARTERS. 


(a)     The  Old  English  Chancery. 

We  shall  seek  in  vain  amongst  the  Tabulae  Ctiriales  of  this  country 
for  an  authentic  list  of  Anglo-Saxon  chancellors  such  as  has  been 
compiled  for  the  contemporary  history  of  the  Continental  chanceries'. 
The  earliest  description  of  such  a  native  establishment  dates  only 
from  the  close  of  the  reign  of  Henry  I-,  and  even  this  reference  has 
been  taken  to  apply  more  especially  to  the  court  of  the  Norman 
duchy.  Some  twenty-five  years  later,  the  English  chancery,  as  it  then 
existed,  appears  as  the  clerical  department  of  the  all-powerful  Ex- 
chequer'. Indeed  beyond  a  natural  grouping  of  the  chancellor  with 
the  King's  chaplains  and  with  the  clerks  of  the  Scriptorium  we  have 
little  direct  evidence  of  his  professional  activity  until  the  reign  of 
Richard  I,  when  royal  charters  are  first  authenticated  in  his  name. 

Far  less,  then,  can  we  expect  to  find  any  positive  mention  of  a 
chancery  establishment  under  the  Anglo-Saxon  monarchy.  And 
yet,  not  only  does  a  royal  chancellor,  with  appropriate  notarial 
appurtenances,  figure  in  certain  charters  of  this  period,  but  the  office 
has  been  readily  accepted  and  described  by  English  antiquarians  from 
Coke  and  Spelman  down  to  our  own  times. 

We  should  be,  perhaps,  prepared  for  such  a  view  by  the  prevalent 
opinion  respecting  the  transformation  of  the  Old  English  hand- 
writing through  foreign  notarial  influences  before  the  Conquest*.  It 
is  not  surprising  therefore  that  this  opinion  should  include  the  esta- 
blishment of  an  Anglo-French  or  Anglo-Norman  chancery  in  which 
the  new  writing  could  be  officially  employed.  It  is  possible,  however, 
that  modern  historians  have  been  misled  herein  by  the  assumptions 
of  early  chroniclers  unversed  in  the  rudiments  of  diplomatic  criticism*. 
And  yet  the  supposition  was  a  very  natural  one.  The  foreign 
chanceries  with  all  their  pomp  of  chancellors,  notaries,  formulas  and 

'  Cf.  H.  Bresslau,  Handbuch  der  Urkundenlehre,  I.  368. 

'  Comtitutio  Doinus  Regis  (Ned  Book,  p.  807). 

■*  Dialogus  de  Scotcario,  I.  v.  *  S€€  below,  Part  III. 

'  See  below,  Appendix. 

II 2 


164  T^he  Anglo-Saxon  Charters 

seals  had,  before  the  close  of  the  12th  century,  been  brought  into 
close  and  fruitful  connexion  with  this  country,  and  the  system  that 
men  see  in  their  own  day  they  commonly  assume  to  be  applicable  to 
an  earlier  age.  It  becomes  necessary,  therefore,  to  test  the  correctness 
of  this  prevailing  theory  of  an  Old  English  chancery  and  notarial 
system  before  we  can  consider  the  probable  nature  of  the  apparatus 
that  actually  existed. 

Although  the  most  discerning  of  our  modern  scholars  would 
probably  look  askance  on  many  of  the  Anglo-Saxon  chancellors 
enumerated  by  Dugdale\  the  existence  of  the  office  under  the  Con- 
fessor at  least  has  not  been  seriously  doubted,  whilst  the  claims  of 
other  notarial  officers  who  figure  in  the  Codex  have  not  apparently 
been  investigated. 

Three  chancellors  of  the  Confessor  have  been  generally  accepted, 
Leofric,  Wulfwig  and  Regenbald,  with  his  vice-chancellors  Alfgeat 
and  Swithgar.  The  first  two  of  these  appointments,  however,  are 
scarcely  well  authenticated.  Bishop  Leofric  was,  indeed,  qualified  to 
hold  such  a  position  both  from  his  learning  and  his  foreign  education'*, 
but  the  best  authority  for  his  specific  title  is  found  in  the  dictum  of 
Florence  of  Worcester.  Wulfwig,  on  the  other  hand,  is  precisely 
described  as  the  King's  chancellor  in  a  contemporary  charter'* — but 
this  proves  to  be  one  of  the  worst  forgeries  of  the  Church  of  West- 
minster. 

The  position  of  Regenbald,  however,  rests  on  much  stronger 
evidence.  He  is  circumstantially  described  as  chancellor  and  as 
performing  notarial  acts  in  several  charters  of  the  reign  and  as  the 
king's  priest  in  others.  In  addition,  he  is  incidentally  mentioned  as 
chancellor  in  Domesday  Book.  It  may  be  found,  however,  that  these 
notices  will  not  bear  every  test  of  diplomatic  scrutiny.  Of  the  charters 
in  which  Regenbald  appears  as  chancellor  the  greater  number  are 
gross  forgeries  of  the  Westminster  type^  and  with  these  are  swept 
away  the  notarial  positions  of  Alfgeat  and  Swithgar.     In  one  of  the 

^  Orig.  Jurid.  p.  32  sq.  The  existence  of  the  earliest  of  these  reputed  chancellors  has 
not  even  the  support  of  a  spurious  charter  but  depends  on  the  assertions  of  Matthew  Paris 
i^Hist.  Abbat.  \.  32  sq.)  and  Ingulf.  The  tradition  respecting  the  statutory  chancellors  of 
Ely,  Glastonbury  and  Canterbury  is  derived  from  a  similar  source  (Gale,  ScriJ>iores,  in.  501  ; 
Spelman,  Gloss.  109). 

-  W..Malm.  Gesi.  Pottt.  201. 

^    C.  D.  DCCLXXIX. 

*  C.  D.  DCCCix,  Dcccx,  Dcccxxiv,  Dcccxxv,  Dcccxxvi.  Of  these  the  first  is  a  typical 
Ramsey  production  and  the  second  is  obviously  of  continental  origin.  The  original  of  the 
Ramsey  charter  is  still  preserved  at  Holkham  and  appears  on  inspection  to  be  a  later 
fabrication. 


The  Anglo-Saxon  Charters  165 

two  remaining  charters',  Rcgciibaldns  Regis  Cancellarhis  appears 
amongst  the  witnesses.  This  is  the  famous  foundation  charter  of 
Waltham  Abbey,  a  production  which  may  remind  us  of  the  monastic 
forgeries  of  Ramsey.  The  real  objection  to  this  charter,  however, 
lies  in  the  fact  that  it  is  executed  in  the  style  of  the  Prankish 
chancery^  The  other  charter  referred  to  gives  Regenbald  the  title 
of  'cancheler,'  but  as  this  charter  is  contained  in  the  12th  century 
Codex  Whttoniensis,  a  work  which  abounds  in  affected  archaisms  and 
palpable  anachronisms,  we  may  perhaps  consider  that  he  is  here 
designated  by  a  post-Conquest  title-'.  In  the  case  of  other  charters 
in  which  Regenbald  is  styled  presbyter  only,  it  should  be  noticed  that 
no  notarial  functions  are  ascribed  to  him.  Most  of  these  charters 
being  admittedly  genuine  the  distinction  appears  to  be  highly  signifi- 
canf.  There  remains  the  Domesday  evidence.  In  the  Great  Survey, 
amongst  several  other  notices  Regenbald  is  once  styled  Reinbaldtis 
canceler^,  but  it  may  be  remarked  that  the  title  is  a  gloss,  possibly 
contemporary,  but  interlineated  in  the  MS.  Doubtless  Regenbald 
would  have  been  styled  chancellor  by  French  official  scribes  after  the 
Conquest*,  just  as  he  is  so  styled  in  the  rubric  of  an  Old  English 
charter  in  a  Cirencester  collection  ^ 

Besides  these  reputed  chancellors,  who  may  or  may  not  have 
acted  in  that  capacity  under  the  Confessor,  notices  occur  in  the  Codex 
of  royal  clerks  exercising  undefined  notarial  functions  at  an  earlier 
date.  An  examination  of  their  official  status  would,  however,  involve 
the  question  of  the  authenticity  of  a  class  of  charters  which  are  not 
worthy  of  serious  discussion*. 

^  C.  D.  Dcccxni,  but  this  charter  has  been  accepted  by  very  high  authorities,  including 
Bishop  Stubbs. 

^  It  contains,  amongst  other  witnesses  various  consangninei  jReqis,  two  capellani  Regis, 
a  pincerna  Regis  and  a  pincerna  Regime,  two  dnpiferi  Re(;is  and  a  dapifer  Regincr,  an  aulicus 
Ref>is,  a  palatiniis  Regis,  a  procurator  Aula ;  together  with  the  quasi-notarial  subscription 
Hiec  ego  subscripsi  Swit/iar  sub  nomine  Christi.  Finally  in  the  text  itself  we  meet  with  such 
terms  as  shine,  hundreda,  plaeita  and  gelda  with  the  notorious  exemption  from  all  secular 
service  declaimed  with  a  statuo  ut.  This  charter  appears  to  have  l)een  composed  on  the 
model  of  C.  D.   Dcccx  which  is  obviously  a  foreign  forgery. 

'  C.  D.  DCCCXCI.  Hut  this  is  a  vernacular  writ  to  which  the  statement  that  Regenliald 
was  present  is  appended  as  a  memorandum. 

*  Cf.  C.  D.  Dccxci — Dccxcni,  dccxcvi,  dccc. 
»  D.  B.  I.  180 b. 

*  For  a  learned  discussion  of  Regenbald's  nationality  and  status,  see  Mr  W.  H.  Stevenson 
in  E.  H.  R.  XI.  732  and  Mr  Round  in  Feudal  England,  p.  331. 

'  Arclueologia,  XXVI.  156. 

*  Cf.  C.  S.  4,  5,  6,  107,  a68,  325,  365,  409,  C.  D.  dccxcv,  ikccxv  and  Bouquet, 
Scriptores,  IX.  397.  These  notarial  offices  range  in  point  of  dale  from  Elhelbert  of  Kent 
to   Edward  the  Confessor  and  include  such   titles  as  reftrtndarius ,  grapkio,  cartigraphus. 


1 66  The  Anglo-Saxon  Charters 

On  the  other  hand  it  might  not  unreasonably  be  inferred  that 
during  the  Anglo-Saxon  period  several  great  Churchmen  held  a 
position  not  very  different  from  the  modern  conception  of  the  office 
of  chancellor,  or  at  least  that  of  chief  of  the  chaplains  who  were 
also  the  King's  clerks.  A  great  historian  has  suggested  that  "the 
office  held  by  Dunstan  under  Edred  must  have  been  very  much  like 
that  of  the  later  chancellors^"  ;  but  we  are  elsewhere  reminded  that 
the  masterful  bishop  "  has  left,  beyond  a  few  lines  of  writing,  the 
endorsement  of  a  charter  and  the  prayer  put  into  the  mouth  of  a 
kneeling  figure  in  an  illumination,  no  writings  whatever^"  All  that 
we  know  of  the  lives  of  churchmen  like  Dunstan  and  Athelwold  is 
perfectly  consistent  with  this  supposition,  and  yet  they  had  neither 
the  title  of  chancellor  nor  are  they  found  to  exercise  the  functions 
of  that  office  in  any  credible  diploma^.  Again,  Gisa,  bishop  of  Wells, 
held  a  position  not  unlike  that  of  Dunstan,  Athelwold  and  Leofric 
for  the  purpose  of  the  monastic  forger*,  and  indeed  his  claim  to  the 
title  of  chancellor  might  seem  to  be  as  strong  as  that  of  Bishop 
Wulfwig.  It  will  be  observed,  however,  that  notarial  functions  have 
not  been  definitely  ascribed  to  a  succession  of  office-holders,  but  in 
casual  instances  to  a  limited  number  of  episcopal  celebrities.  In 
these  and  in  other  cases,  referred  to  below,  it  is  quite  possible  that 
the  acts  ascribed  to  notable  churchmen  have  no  special  significance. 
None  the  less  these  incidents  contrast  unpleasantly  with  the  usual 
simplicity  of  genuine  diplomata.  We  cannot  dismiss  the  suspicion 
that  the  presence  of  these  official  witnesses  may  have  been  regarded 
as  an  additional  proof  of  the  authenticity  of  certain  charters.  The 
instruments    under  consideration   are,  it    is   true,  of   varying    merit. 

scholasticus,  notarms,  stibdiaconus  and  ^\2!\x\freshyter.     Of  these,  the  credibility  of  the  earlier 
titles  is  not  enhanced  by  meeting  with  such  an  expansion  of  "  Hocca  graphio  "  as  "  Hocca 
comes,"  "Graphio  comes."     The  title  presbyter  is  of  course  unobjectionable  unless  it   is 
connected  with  a  notarial  subscription  such  as  may  be  chiefly  found  in  Crowland  forgeries. 
1  Stubbs,  C.  H.  (1891),  I.  380  n. 

*  Mentor,  of  St  Dunstan  (Rolls),  p.  cix.  Even  these  exceptions  might  have  to  be 
abandoned. 

^  Athelwold  is  credited  with  the  education  of  a  courtier  (W.  Malm.  Gest.  Pont.  p.  165). 
A  definite  assertion  with  regard  to  his  official  position  is  made  by  the  Rolls  editor  of  an  early 
Cotton  MS.  {^Anglo-Saxon  Leechdoms,  III.  417),  who,  on  the  strength  of  an  Old  English 
expression  regarded  as  the  equivalent  to  a  secret  enrolment,  suggests  that  the  Bishop  held 
the  office  of  Keeper  of  the  Rolls  to  King  Eadgar.  Unfortunately  the  word  in  question  does 
not  appear  to  bear  this  meaning  ("Newminster"  in  Hants  Record  Soc.  p.  xii).  It  is  true  that 
Athelwold  is  termed  a  secretis  noster  in  an  Ely  charter  of  970,  but  this  (in  its  Latin  form  at 
least)  is  a  grotesque  forgeiy  (C  D.  DLXiii).  The  phrase  is  more  familiar  to  us  in  12th  century 
works  although  it  is  of  greater  antiquity. 

*  Cf.  C.  D.  Dcccxi  and  dcccxvi.     He  is  usually  regarded  as  a  "  chancery  clerk." 


The  Anglo-Saxon  Charters  167 

Some  are  obvious  forgeries,  whilst  others  have  many  claims  to  be 
regarded  as  authentic. 

In  most  cases  the  quasi-notarial  formula  in  question  amounts  to 
the  statement  Ego,  A,  B.,  hanc  cartulant  dictavi^,  and  the  verb  in 
itself  is  doubtless  unobjectionable,  equally  with  such  variants  known 
to  the  Scriptorium  as  depinxi,  titulavi,  notavi,  composui,  &c.  Apart 
from  other  suspicious  circumstances,  none  of  these  phrases  would 
be  likely  to  arrest  our  attention,  as  for  instance  would  be  the  case 
with  the  formal  notarial  subscription  of  continental  origin  which  may 
occasionally  be  found  in  the  pages  of  the  Codex"^.  It  has  also  been 
fairly  argued  that  even  the  most  florid  of  these  distinguished  sub- 
scriptions are  merely  intended  to  denote  a  privileged  style  or  an 
appropriate  sentiment,  whilst  in  most  cases  perhaps  we  may  find  no 
deeper  motive  than  a  scribe's  conceits 

A  like  explanation  might  be  given  of  those  graphic  indications 
of  sealing  which  have  also  been  a  source  of  difficulty.  It  is  indeed 
by  no  means  inconceivable  that  many  high  ecclesiastics  actually 
impressed  their  signet  rings,  and  we  know  that  such  rings  might  bear 
as  a  device  a  cross  exactly  resembling  that  drawn  by  the  scribe's  pen*. 
Again  we  have  to  reckon  with  the  fact  that  within  a  few  years  of  the 
Norman  Conquest  it  was  assumed  that  particular  subscriptions  might 
be  distinguished  by  an  autograph  cross  indicating  the  actual  presence 
of  the  witness^ 

Finally  there  are  cases  in  which  the  initiative  is  taken  by  the 
King  himself,  who  commands  a  charter  to  be  composed  or  innovated, 
and  there  arc  other  cases  in  which  the  notables  present  join  in  the 
command*. 

Lastly  there  arc  certain  circumstances  of  time  and  place  and 
execution  of  charters  that  may  be  looked  upon  as  notarial  artifices. 


*  Cf.  C.  D.  ix:i,xxxiv,  mccxcvi  and  Bouquet,  Scriptoics,  xi.  G^.^,. 

*  Cf.  C.  S.  661  with  the  formula  Ef^o  quoijue  Keiuanius  ftccator  interftii  el  nolcrvi  atque 
suhseripsi. 

*  For  the  well-known  practice  of  "  ringing  the  changes"  on  the  conventional  phrases  by 
way  of  prcKlucing  a  jangle  of  "f.7Mj"  and  "of/.r"  cf.  C.  D.  DCCLXlii,  ik:clxxi,  ncci.xxiv 
— DCCLXXVI,  DCCLXXX,  DCCI.XXXI,  DCCLXXXVII,  MCLV,  MCXCV,  MCCXI,  MCCLXXXIX, 
MCCXCII,  MCCCIX,  MCCCX,  MCCCXXXU. 

*  There  is  also  a  fonnula  which  may  refer  to  the  actual  use  of  the  pen  by  individual 
witnesses  viz.  Signinn  sancUe  Cruris  propria  maun  scrihaido  firmavi,  cf.  Archaologia, 
XVIII.  18. 

*  Cf.  Somerset  Arch,  and  N.  H.  Soc.  vol.  xxii.  p.  114.  In  this  case  the  bishop  (Gisa) 
was  certainly  cc^izant  of  the  Old  English  practice. 

*  Cf.  C.  .S".  591,  Bouquet,  xi.  655  and  C.  D.  ccciv,  DCLXXXVI,  DCCXXXVI,  MCXCI, 
MCXCVI,  MCXCVII,   MCCCIV,    MCCCV,    MCCCVIII,    MCCCXVI. 


1 68  The  Anglo-Saxon  Charters 

The  motive  is  doubtless  to  be  found  in  a  desire  to  obtain  some  official 
or  public  testimony  in  favour  of  a  particular  charter.  Actum publice^ 
may  be  taken  as  the  key-note  of  these  expressions.  The  phrases  In 
palatio  regio'^  or  astantibtis,  &c.  may  be  attributed  to  the  same  motive ; 
but  these  purely  foreign  ceremonial  adjuncts  are  extremely  rare 
amongst  Old  English  diplomata.  Far  more  frequent  are  notes  of 
time  and  place  assigned  to  public  assemblies  which,  though  frequently 
betraying  the  workmanship  of  an  over-anxious  fabricator,  are  in 
themselves  consistent  with  the  received  traditions  of  the  primitive  age 
of  diplomatic  criticism  in  this  country. 

The  usual  form  of  these  excrescences  is  that  of  a  supplementary 
narrative  of  the  formalities  which  accompanied  or  symbolixed  the 
delivery  of  seisin  in  a  primitive  age.  When  a  record  of  this  ceremony 
was  regarded  as  desirable,  a  convenient  position  for  a  pious  inter- 
polation could  be  found  in  the  usual  comminatory  clause  or  "Sanction." 
The  charter  having  been  executed  (with  many  circumstances  of  time 
and  place)  those  present  take  part  in  the  further  ceremony  which  is 
performed  in  the  church  benefited  by  the  grant.  Here  the  charter, 
or  the  grantor's  helmet,  or  his  hand  are  laid  upon  the  altar,  the  pre- 
siding churchman  speaks  the  words  of  the  "Sanction,"  and  the 
audience  murmur  Fiat,  Fiat,  or  AmeJi^,  a  formula  which  perilously 
resembles  the  Apprecatio  of  the  continental  chanceries.  In  one  re- 
markable case  the  ceremony  is  associated  with  a  feasts 

As  with  the  royal  chancellor  or  notary,  so  with  the  kingly  seal. 
The  existence  of  neither  can  be  proved  from  the  evidence  of  authentic 
diplomata,  and  yet  all  our  authorities  are  agreed  that  the  regular 
sequence  of  the  Great  Seals  of  England  dates  at  least  from  the  reign 
of  the  Confessor.  At  the  same  time  it  would  be  found  that  an  earlier 
doctrine  has  been  already  discredited.  Few  learned  dissertations 
have  been  more  trustfully  accepted  than  the  famous  description  by 
a  great  English  antiquary  of  the  royal  Seals  affixed  to  certain  Old 
English  charters  preserved  by  the  church  of  St  Denis'.  Even  to  the 
present  day  these  portentous  survivals  of  an  insular  notarial  system 
figure  in  official  catalogues  and  are  reproduced  in  diplomatic  texts 
without   the    slightest    reservation",  although  the  searching  tests  of 

*  C.  S.    109.  2    C.  D.  DCCLXXIX. 

'  C.  S.  22,  27,  39,  125,  131,  154,  Matt.  Paris  (Rolls),  vi.  30,  Hist.  Abingdon  (V^o\\%),  i.  70, 
and  cf.  the  observations  by  M.  L.  Delisle  on  a  similar  observance  in  Bibl.  de  r£cole  des 
Charles,  Lxviil.   313. 

*  C.  S.  235.  5  Arch.  Jo.  XIII.  356. 

*  Since  this  was  written  the  most  suspicious  of  the  St  Denis  charters  have  been  with- 
drawn from  the  regular  series  in  the  Archives  naiionales  and  are  exhibited  and  described 


The  Anglo-Saxon   Charters  169 

diplomatic  criticism  have  proved  their  utter  falsity'.  After  this  it  is 
needless  to  discuss  seriously  the  once  burning  question  of  the  authen- 
ticity of  the  leaden  Seal  of  St  Augustine*  or  that  of  King  Coenwulf ' ; 
but  these  things  should  be  remembered  when  we  approach  the  ques- 
tion of  the  Great  Seal  of  the  Confessor.  Let  us  therefore  approach 
that  question  cautiously. 

It  has  been  previously  suggested  that  the  instances  of  the  exercise 
of  notarial  functions  by  reputed  chancellors  and  vice-chancellors 
during  this  period  are  of  somewhat  doubtful  authenticity,  and  this 
criticism  would  necessarily  include  the  use  of  a  seal.  On  the  other 
hand,  the  use  of  a  signet  by  Anglo-Saxon  notables*  and  the  well- 
known  foreign  proclivities  of  the  Confessor  should  make  us  slow  to 
deny  the  possibility  of  the  u.se  of  a  "  seal  of  majesty "  for  certain 
purposes  during  his  reign.  It  is  perfectly  possible  that  at  any  moment 
a  genuine  seal  of  this  king,  duly  attested  in  an  unimpeachable  charter, 
may  come  to  light ;  but  at  present  we  can  only  deal  with  the  evidence 
of  the  existing  specimens.  These  have  been  arranged  and  described 
with  great  care  and  precision  by  official  experts  who,  very  properly, 
have  not  discussed  the  question  of  their  authenticity  at  all.  Alto- 
gether there  may  be  nearly  a  score  of  these  seals  which  are  evenly 
divided  between  the  collection  in  the  British  Museum'  and  the  muni- 
ments of  Westminster  Abbey*.  One  specimen  is  in  the  possession 
of  the  Earl  of  Winchelsea^ 

Of  the  above  specimens  none  of  those  in  the  British  Museum 
collection  are  attached  to  true  diplomata.  Three  are  attached  to  writs, 
of  which  one  is  admittedly,  and  another  obviously,  spurious.  Those 
that  are  detached  must  remain  an  unknown  quantity.  In  the  case  of 
the  Westminster  collection  the  only  charter,  bearing  a  pendent  seal,  is 

quantum  vaUant.     As  recently  as  1906,  however,  the  famous  seal  of  Offa  appeared  on  a 
printed  circular  announcing  the  publication  of  a  leametl  work. 
'  Mr  \V.  H.  Stevenson  in  E.  H.  R.  vi.  736. 

*  Hist.  A/on.  St  Aug.  (Rolls),  p.  122,  of.  below,  Appendix. 
'  ArchiBologia,  X.XXll.  449. 

*  Archmlogia,  X.  232,  xviii.  12,  40,  XX.  479.  The  well-known  instance  of  King 
/Ethelred's  writ  under  seal  has  suggested  the  employment  of  a  signet  or  privy  seal  rather  than 
a  pendent  "seal  of  majesty"  which  no  one  has  yet  venturetl  to  refer  to  such  an  early  date.  The 
suggestion  is  an  ingenious  one,  and  the  point  is  deserving  of  further  attention  in  view  of  the 
continental  analogy  of  the  annulus.  On  the  other  hand  the  Charter  referred  U)  comes  from 
a  source  ( Textus  Roffensis)  which,  however  respectable,  is  not  above  suspicion ;  whilst  we 
have  in  the  case  of  the  Westminster  Charter  (C.  D.  MCCXXUl)  bearing  the  annulus  of 
Dunstan  an  undoubted  forgery. 

For  another  possible  analogy  with  the  continental  practice  cf.  lielow,  p.  170,  n.  5. 

'  Hrit.  Mus.  Cat.  0/ Seats,  Ibid.  Facs.  vt(  Atiglo-Saxott  Charters,  Vol.  IV. 

"  Ordnaiue  Facs.  I'art  11.  "  Ordname  Facs.  ill.;  Afomisticon,  1.  293. 


lyo  The  Anf^lo-Saxon  Charters 

a  notorious  forgery^  whilst  the  rest  are  merely  writs  to  which  the 
seal  is  attached  by  what  French  experts  neatly  term  a  simple  qtietie^. 
The  Winchelsea  charter  is  another  admitted  forgery. 

The  well-known  allusions  in  Domesday  Book*  to  "  charters  "  under 
the  seal  of  the  Confessor  are  found  when  carefully  examined  to 
amount  to  very  little.  Read  in  a  general  connexion,  these  notices 
may  be  classified  as  follows : 

1.  Cases  in  which  testimony  is  made  of  the  King's  writ  under 
seal,  whether  issued  by  the  Confessor  or  by  the  Conqueror. 

2.  Cases  in  which  testimony  is  made  of  the  seals  of  both  these 
kings  or  of  either  of  them. 

It  will  be  noticed,  however,  that  the  production  of  these  writs  and 
seals  is  usually  directly  connected  with  questions  of  disputed  investi- 
ture, and  that  they  are  regarded  as  evidences  of  an  identical  value. 
One  formula  in  fact  may  be  expanded  as  follows  :  Homines  dicunt 
ntmquam  se  vidisse  brevem  Regis,  vel  sigillum,  vel  hominem  {liberatorem, 
nuncitim,  legatiim)  qui,  ex  parte  Regis,  N.  dc  hoc  manerio  saisisset. 

It  is  not  altogether  clear  whether  vel  is  used  here  disjunctively, 
but  apparently  the  mention  of  any  one  of  the  above  agencies  for 
livery  of  seisin  will  include  the  others*.  We  may  suppose  that  the 
King's  writ,  with  the  "seal  of  majesty"  attached,  was  usually  produced 
in  the  County  Court  by  a  royal  messenger ^ 

The  real  value  of  these  references  does  not  lie  wholly  in  the 
evidence  of  the  existence  of  Edwardian  sealed  writs  at  the  date  of 
the  Domesday  inquest.  The  jurors  themselves  could  scarcely  have 
distinguished  between  a  genuine  example  of  these  instruments  and 
an  arrant  forgery*,  or  at  least  an  irrelevant  instrument  in  the  shape  of 

^  Ordnance  Facs.  Part  ii.  No.  i8.     C.  D.  Dcccxxv.  ^  Cf.  below,  p.  218. 

*  Cf.  D.  B.  I.  36,  39,  47  b,  50,  59,  60b,  62,  78  b,  141  b,  154  b,  169,  197,  208,  218,  238, 
241b,  298,  373  b,  374,  375;  II.  176,  195,  208,  270  b,  310  b,  409,  413. 

*  It  would  seem  that  the  references  in  Domesday  Book  to  a  charter  (concessiun)  in  dis- 
tinction to  a  writ  are  too  indefinite  to  convey  the  sense  of  a  grant  preceding  livery  of  seisin. 

'  On  the  other  hand  in  certain  cases  livery  may  have  been  given  by  a  symbolic  ceremony 
which  made  the  writ  unnecessary.  So  too  we  read  in  D.  B.  I.  154  b  of  Pax  Regis  manu  vel 
sigillo  data,  where  vel  is  apparently  used  disjunctively.  Attention  may  be  drawn,  in  this 
connexion,  to  the  interesting  notice  in  a  Frankish  capitulary  of  the  8th  century  of  a 
consuetudo  which  reminds  us  of  the  ancient  system  of  issuing  writs  under  seal  by  the  hands  of 
the  Usher  of  the  Exchequer.  Here  the  customary  service  Sigillum  et  epistulam  prendere  is 
associated  with  vias  et portas  citstodire  [Capit.  gen.  (783),  c.   17,  ed.  Pertz,  III.  47). 

**  Thus  although  we  read  in  the  Survey  (l.  78  b)  that  King  William  caused  the  church  of 
Shaftesbury  to  be  re-seised  of  certain  lands  '■'■quia  in  ipsa  cecclesia  inventus  est  brevis  cum 
sigillo  Regis  Edwardi,  precipiens  ttt  cecclesice  7-estituerentur,"  we  cannot  accept  this  statement 
as  conclusive.  Even  as  late  as  the  reign  of  Henry  VHI  the  local  jurors  in  a  royal  Inquest 
accepted  as  evidence  of  a  monastic  title  a  Charter  of  Henry  I  which  is  an  obvious  forgery  of 
the  reign  of  Henry  HI  {Hist.  S.  Petr.  Glouc.  (Rolls),  II.  187). 


The  A^tglo-Saxon  Charters  171 

a  conventional  vernacular  writ  without  the  pendent  seaP.  But  can  we 
suppose  that  men  who  must  have  lived  under  the  Confessor's  rule 
were  uninformed  on  this  point :  that  they  would  have  accepted  the 
evidence  of  a  sealed  writ  of  the  Confessor,  even  though  no  such 
system  of  authentication  was  in  use  during  this  reign  ?  This  would 
seem  at  first  hard  to  believe:  yet  before  we  are  justified  in  basing 
any  conclusions  upon  this  Domesday  evidence  it  would  be  necessary 
to  investigate  every  case  in  which  the  Confessor's  seal,  apart  from  his 
mere  writ,  is  alleged.  These  cases  moreover  are  not  only  few  in 
number,  but  usually  associated  with  churches  of  indifferent  repute ; 
whilst  it  is  after  all  conceivable  that  local  jurors,  even  if  they  possessed 
this  diplomatic  knowledge,  would  have  hesitated  to  denounce  these 
pious  presentments  of  the  saintly  king  as  impudent  forgeries.  Again, 
accustomed  already  to  the  use  of  royal  seals  they  would  naturally 
assume  that  the  practice  was  one  of  immemorial  antiquity.  At  the 
same  time  it  may  be  readily  admitted  that  in  the  existing  writs  under 
the  Confessor's  seal  and  the  texts  of  others  that  have  not  survived,  as 
well  as  in  the  allusions  of  the  Domesday  inquest,  we  have  evidence 
of  a  very  different  kind  from  that  furnished  by  the  isolated  notices  of 
Old  English  pre-historic  seals  above  referred  to.  Indeed  the  general 
conclusion  as  to  the  existence  of  a  Great  Seal  of  the  Confessor  might 
seem  to  be  amply  warranted  by  this  evidence.  The  statement  of  the 
case,  however,  requires  certain  qualifications  and  amendments. 

In  the  first  place  the  size  and  colour  and  attachment  of  the  seal 
itself  are  matters  of  great  consequence,  and  many  of  the  existing 
specimens  scarcely  fulfil  the  conditions  which  might  be  required 
herein^  In  one  respect  indeed  they  are  admittedly  deficient,  that  is 
to  say  in  the  precautions  taken  for  due  attestation.  The  Signum 
manus  of  the  Old  English  diplomata  was  not  verified  by  a  notarial 
certificate  or  by  a  royal  seal*.  It  should  be  remembered,  however, 
that  the  subscriptions  used  in  the  Anglo-Saxon  system  are  far  more 

*  Cf.  the  case  of  the  Abbot  of  Abingdon  before  the  County  Court  in  D.  B.  i.  59,  Chron. 
Abhendon,  I.  477,  and  the  naive  admissions  made  by  the  chronicler  (^Chron.  Abb.  11.  i, 
cf.   II.    126). 

"^  A  noticeable  feature  of  the  existing  sealed  writs  of  the  Confessor  preservetl  by  the 
Church  of  Westminster  consists  in  the  fact  that  the  seal  in  several  cases  is  affixetl  transversely 
to  the  parchment  lal)el  or  '*  tag,"  and  the  same  peculiarity  is  ohserveil  in  the  case  of  later 
instruments  in  favour  of  this  church  which  are  of  more  than  doubtful  validity  (cf.  Add. 
ch.  1 1 105  and  19581;  Cott.  ch.  vi.  3).  It  has  of  course  frequently  l)een  |>ointcd  out  that 
me<liaeval  forgers  were  able  to  affix  a  genuine  seal  to  a  spurious  charter  with  slight  risk  of 
detection  (cf.  D'Anisy,  Charles  de  la  Basse  Normandie,  Intro,  p.  9,  and  Formula  Book 
No.   18). 

*  The  Signum  manus  is  in  itself  a  seal  and  has  outlasted  all  other  forms  of  verification. 


172  The  Anglo-Saxon  Charters 

elaborate  than  those  that  are  found  in  continental  charters.  Moreover, 
the  spirit  of  the  Old  English  system  is  favourable  to  publicity  such  as 
would  be  secured  through  the  ratification  of  these  instruments  in  the 
national  council.  Thus  an  official  attestation  by  palace  officers,  a 
royal  monogram  and  seal,  and  a  notarial  subscription  were  neither 
necessary  nor  appropriate. 

It  is  true  that  the  act  of  sealing  is  mentioned  incidentally  in  the 
subscriptions  of  both  the  earlier  and  later  Anglo-Saxon  periods^;  but 
we  have  already  been  prepared  to  make  considerable  allowance  for 
mere  flourishes  on  the  part  of  learned  scribes.  Moreover  we  are 
perhaps  justified  in  suspecting  that  this  formula  has  been  interpolated 
by  a  later  forger  with  the  intention  of  strengthening  the  authenticity 
of  the  grants 

It  is  well  known  that  historians,  in  the  17th  and  i8th  centuries,  at 
least,  have  regarded  such  expressions  as  seriously  intended  to  indicate 
the  attachment  of  an  actual  .seal.  Mediaeval  writers,  however,  were 
in  most  cases  better  informed  on  this  point  than  has  been  generally 
supposed.  Even  the  pseud-Ingulf  thinks  it  politic  to  insist  that 
seals  are  not  found  attached  to  Old  English  charters.  The  author  of 
the  history  of  St  Augustine,  Canterbury,  is  still  more  explicit.  The 
absence  of  seals,  he  tells  us,  need  not  surprise  us,  since  a  rude  and 
barbarous  nation  recently  converted  to  Christianity  would  prefer  the 
use  of  the  Holy  Cross.  Therefore  (he  continues)  except  in  the  case 
of  Cnut,  himself  a  foreign  conqueror,  we  find  no  royal  seals  in  use 
before  the  coming  of  the  Normans^ 

Again,  the  Ramsey  chronicler,  who  delighted  in  reproducing 
fanciful  subscriptions,  explains  that  the  simplicity  of  an  earlier  age 
had  no  use  for  the  modern  device  of  the  seal^ 

Enough  has  been  said  to  make  it  clear  that  it  is  not  our  purpose 
to  deny  the  possibility  of  the  use  of  a  royal  seal  under  the  Confessor. 
In  the  first  place,  however,  it  is  necessary  to  distinguish  between 
charters  and  writs,  between  instruments  containing  a  sealing  clause 
and  those  which  do  not  indicate  that  the  seal  was  affixed,  and  then 
between  suspicious  and  apparently  authentic  documents.  The  mere 
fact  of  the  existence  of  seals  during  the  Anglo-Saxon  period  does  not 
immediately  affect  the  question  at  issue.  The  discovery  of  many 
fresh  examples  would  not  throw  any  new  light  upon  the  subject,  unless 

'  Cf.  C.  S.  581,  C.  D.  Dcccxi,  and  above  p.  167. 

2  Cf.  Cart.  Haines.  (Rolls),  U.  58. 

3  Hist.  Mon.  St  Aug.  (Rolls),  p.  118  ;  cp.  Hardy,  Rot.  Chart,  p.  xxviii. 

*  Chron.  Karnes.  (Rolls),  Annals  of  Burton  (Ann.  Mon.  I.  183),  p.  65,  and  below  Appendix. 


The  Anglo-Saxon  Charters  173 

these  were  "seals  of  majesty"  correctly  attached  to  unimpeachable 
charters.  For  although,  as  we  have  seen,  a  few  original  writs  bearing 
the  Great  Seal  of  the  Confessor  are  known  to  exist,  together  with 
other  writs  from  which  the  seals  have  apparently  become  detached, 
no  genuine  charter  composed  in  the  Old  English  diplomatic  formulas 
and  authenticated  by  such  a  seal  can  be  produced. 

The  importance  of  the  above  distinction  between  sealed  charters 
and  writs  will  be  presently  apparent',  but  it  may  be  stated  at  once 
that  this  distinction  presents  a  new  view  of  the  origin  and  use  of  the 
Old  English  and  Anglo-Norman  "seals  of  majesty." 

It  is  perhaps  unnecessary  to  make  any  difficulties  with  regard  to 
the  use  of  a  pendent  "seal  of  majesty"  in  this  country.  That  such 
an  ingenious  device  should  have  apparently  originated  in  the  English 
court  which  was  destitute  of  any  notarial  establishment  or  traditions 
and  which  is  supposed  to  have  derived  its  diplomatic  formulas  from 
continental  models  would  certainly  seem  to  be  a  remarkable  fact. 
For  although  the  Frankish  chancery  had  reached  a  high  state  of 
development,  including  the  habitual  use  of  a  seal,  long  before  the 
days  of  the  Confessor,  it  did  not  adopt  the  pendent  seal  for  at  least 
another  generation'^. 

But  apart  from  the  tardy  adoption  of  this  device  by  the  French 
chancery,  it  should  not  be  forgotten  that  specimens  of  each  of  the 
three  methods  of  sealings  henceforth  practised  can  be  found  in  several 
provinces  of  north-western  and  southern  Europe  from  the  beginning 
of  the  nth  century  or  even  earlier.  Here  we  can  see  the  pendent 
seal  in  the  shape  of  the  Papal  and  Carolingian  Bulla  and  the  Seal  of 
majesty  in  wax  affixed  to  French  and  German  diplomata  "  en  placard." 
The  third  form  of  sealing,  and  that  which  alone  is  found  in  the  case  of 
Anglo-Saxon  diplomata,  namely  a  seal  pendent  by  a  strip  cut  from 
the  bottom  of  the  document,  may  be  seen  in  many  instruments  com- 
posed in  the  courts  of  the  north  French  princes  from  the  nth  century 
onwards'. 

Here  then  we  have  ample  precedents  for  the  practice  of  sealing 

'  Kclow  p.  201. 

■*  Giry,  Hist,  tk  Dijiloniatii/mu  p.  6.^9  sq.  It  will  l)c  noticed  that  French  writers  regard 
this  question  of  priority  of  invention  with  a  sol)er  etjuaniinity.  On  the  other  hantl  the 
evidence  of  early  diplomatic  relations  between  the  Anglo-Saxon  kingdom  and  the  Norman 
Duchy  is  accumulating,  whilst  the  analogy  of  the  diplomatic  procetlure  in  respect  of  the 
Frankish  and  Anglo-Norman  iniiuest  is  worthy  of  much  closer  attention.  At  the  same  time 
we  must  rememl)er  that  the  execution  of  the  Anglo-Norman  coinage  "has  no  sharp  line  of 
demarcation"  from  the  Anglo-Saxon  m<Klels,  whilst  the  latter  coimige  "owes  nothing  what- 
ever "  to  the  continental  duchy  (Catalogue  of  A.  S.  coins  in  the  British  Museum^  11.  xciii). 

*  Giry,  Hist,  de  Diplomatiqut,  p.  637. 


1  74  The  Anglo-Saxon  Charters 

which  most  people  believe  to  have  been  employed  in  the  well-equipped 
court  of  the  Confessor  which  presents  us  with  so  many  imitations  of 
continental  officialism. 

The  actual  existence  of  this  practice  may  still  remain  with  the 
few  a  matter  of  opinion,  but  for  the  present  it  is  enough  to  have 
taken  exception  to  the  sealed  "charter"  of  this  period.  The  credibility 
of  a  sealed  writ,  even  if  (like  the  older  Merovingian  forgeries)  it 
possessed  no  clause  announcing  sealing,  may  remain  an  open  question, 
for  there  is  a  diplomatic  gulf  fixed  between  the  Anglo-Saxon  "Fare- 
well "  and  the  Anglo-Norman  Attestation. 

The  Old  English  royal  seal  therefore  presents  a  real  difficulty  to 
the  student  of  English  diplomatics.  The  difficulty,  however,  is  one 
which  should  be  frankly  faced.  Whether  the  Anglo-Saxon  diplomata 
needed  to  be  sealed  at  all;  again,  why  no  announcement  of  sealing 
is  found  in  the  texts  of  genuine  examples ;  why  writs  only  are 
sealed  and  not  charters ;  why  some  writs  are  sealed  and  not  others ; 
finally,  why  these  sealed  writs  are  so  closely  associated  with  the 
Church  of  Westminster^;  are  questions  which  invite  a  full  and  partial 
examination.  Meanwhile  a  simple  solution  of  the  problem  may  be 
suggested. 

If  the  derivation  of  the  form  of  the  post-Conquest  writ  from  an 
Old  English  modeP  can  be  demonstrated,  does  it  not  seem  probable 
that  in  the  latter  we  have  only  an  intelligent  anticipation  of  the 
Anglo-Norman  practice  }  At  least  we  must  dismiss  the  Old  English 
charter  from  the  case  and  concentrate  our  attention  on  the  future 
writ,  in  connexion  with  which  we  have  new  diplomatic  requirements 
which  invite,  even  if  they  do  not  demand,  the  use  of  a  new  emblem 
of  attestation.  On  this  showing  the  sealed  "charter"  is  at  most  a  writ 
which  was  sealed  or  not  at  pleasure,  and  its  later  development  appears 
to  accord  with  this  theory,  for  within  a  century  of  the  Conquest  it  is 
still  difficult  to  distinguish  a  charter  from  a  writ,  and  before  another 
century  has  elapsed  the  writ  has  finally  ousted  the  charter  from  its 
diplomatic  pre-eminence^ 

Next  to  the  existence  of  some  apparatus  for  the  composition  and 
execution  of  a  charter  secimdtim  artein  notariam,  we  should  look  for 
some  evidence  of  the  registration  of  such  instruments,  or,  at  least,  for 

^  Examples,  however,  occur  in  connexion  with  other  churches,  e.g.  Bury  and  Exeter. 
Matthew  Paris  assures  us  that  the  statement  that  seals  were  not  used  by  Anglo-Saxon  kings 
is  proved  to  be  false  by  the  discovery  of  King  Edward's  seal  (?  matrix)  at  Westminster 
{fiesta  Abbat.  I.  151).  For  an  exposure  of  the  Westminster  methods,  cf.  Craioford  Charters, 
pp.  88-102. 

*  Cf.  below,  p.  208  sq.  ^  Cf.  below,  p.  214. 


The  Anglo-Saxon  Charters  175 

their  preservation  in  a  suitable  repository.  This  requirement  seems  to 
have  suggested  itself  to  the  12th  century  forgers  of  Old  English 
"land-bocs,"  but,  as  we  have  already  seen,  there  is  no  precise  mention 
of  any  such  provision  in  authentic  diplomata  of  the  pre-Conquest 
period ^  although  it  is  well  known  that  the  practice  of  preserving 
vernacular  conventions  in  triplicate  is  referred  to  in  Old  English  MSS. 
dating  from  the  lOth  century-. 

It  may  perhaps  be  asked,  "What  then  is  left  of  the  outward  signs 
of  an  Old  English  chancery  ?  "  The  answer  must  be  that,  in  spite  of 
the  rejection  of  foreign  formulas  and  later  symbols,  there  is  abundant 
evidence  of  the  existence  of  a  highly  developed  style  of  diplomatic 
composition.  Just  as  the  Old  English  scribes  were  unquestionably 
the  equals  if  not  the  superiors  of  their  continental  brethren  in  mere 
penmanship,  so  they  appear  to  equal  advantage  in  respect  of  the 
regularity  and  precision  of  the  formulas  which  they  have  made  their 
own.  None  the  less  it  is  only  reasonable  to  suppose  that  some  system 
was  adopted  to  facilitate  the  proper  composition  and  the  due  execution 
of  an  Old  English  charter,  but  of  such  a  system  we  possess  only 
a  few  slight  indications.  It  is  true  that  certain  writers  have  made  no 
difficulty  at  all  about  the  matter.  "During  the  Anglo-Saxon  era 
charters  were  prepared  by  professed  scriveners  or  notaries  and  read 
aloud  in  some  place  of  common  resorts"  Possibly  a  class  of  professed 
scribes  existed  in  Anglo-Saxon  times,  but  there  is  no  evidence  what- 
ever that  their  services  were  requisitioned  for  composing  royal  charters*. 
The  truth  is  that  we  have  scarcely  any  information  at  all  concerning 
the  Scliriftwesen  of  the  Anglo-Saxon  period.  What  little  we  know 
points  to  the  conclusion  that  the  art  of  writing,  like  every  other  branch 
of  learning,  was  directed  by  the  Church,  and  was  practised  almost 
exclusively  in  houses  of  religion*.  The  wandering  scholar  had  not 
yet  made  his  appearance  in  England,  and  speculations  as  to  the 
extent  of  the  culture  disseminated  by  the  great  northern  schools  are 
futile  in  the  face  of  the  confessed  ignorantia  literartim  prevalent  in 

•  Cf.  C.  D.  DCCCLV,  uccccxxxii,  CliroH.  Raines,  p.  171,  and  above  p.  14.  On  the 
other  hand  we  have  a  few  such  general  notices  as  that  seen  in  C  S.  411,  which  appears  to  be 
genuine.  For  the  myth  of  the  registration  of  Anglo-Saxon  Records,  cf.  Ayloffe,  Calendars, 
p.  xiii. 

^  This  custom  is  connected  with  the  muniments  of  certain  churches,  e.g.  Canterbury  and 
Worcester. 

^  Hardy,  Rot.  Chart.  \.  xxviii. 

*  Hickes,  Dissert.  Epist.  p.  46.     Cf.  Matt.  Paris  {CAron.  Major.),  ni.  438. 

'  Cf.  Ileming,  Cartulary,  I.  165,  citing  a  grant  of  land  made  to  a  monk  on  the  condition 
that  he  should  write  all  the  books  of  the  church.  The  same  writer's  reference  to  HotariorMW 
carta  may  be  regarded  as  a  general  expression. 


I  76  The  Anglo-Saxon  Charters 

court  circles  from  the  time  of  Beda.  It  was  not  till  the  end  of  the 
nth  century  that  sovereignty  was  graced  by  anything  approaching 
a  clerical  establishment,  and  another  century  had  elapsed  before  every 
lordling  had  his  chaplain  or  clerk,  his  camera  or  gardaroba^.  In 
the  meantime  the  nation's  writing  was  undertaken  by  its  spiritual 
directors.  It  is  needless  to  dwell  upon  the  all-reaching  influence  of 
the  Anglo-Saxon  Church  which  pervades  the  public  acts  and  councils 
of  the  nation.  The  fact  remains  that  whilst  for  the  laity  "the  common 
memory  was  a  sufficient  archive,"  the  religious  found  their  account  in 
the  formal  registration  of  their  privileges.  So  it  had  been  from  the 
time  of  Beda,  and  a  new  impulse  was  given  to  the  practice  by  later 
reasons  of  state.  Perhaps  we  do  not  always  sufficiently  realize  that 
practically  the  whole  existing  bulk  of  Old  English  charters  has  been 
both  made  and  preserved  through  the  agency  of  the  Church.  The 
lay  grantee  was  either  a  "  man  of  straw  "  who  obtained  a  collusive 
grant,  or  a  worthy  "minister"  of  the  Crown  (whose  corpse  and 
lands  were  sure  to  come  the  Church's  way  at  last-),  and  the  Church 
was  there  to  make  charters  for  them  both*. 

This  is  a  view  which  at  least  simplifies  matters  considerably.  The 
motion  for  a  grant  or  confirmation  or  innovation  of  charters  must 
proceed  from  the  Church  itself,  and  every  church  possessed  the 
requisite  knowledge  for  the  preparation  of  the  necessary  instrument. 
This  would  be  dictated  by  the  respective  bishop  or  abbot  or  some 
learned  subordinate,  and  written  on  the  spot,  which  was  often  enough 
the  church  itself,  on  the  occasion  of  a  royal  visit.  Then  it  was  pre- 
sented for  formal  ratification  by  the  king  and  his  optiniates.  Thus  the 
services  of  a  royal  chancellor,  chaplain,  or  notaries  could  be  well 
dispensed  with. 

This  is  not  a  purely  conjectural  procedure.  We  find  indications, 
slight  it  is  true  and  unvouched,  but  very  suggestive,  of  the  actual 
process  in  question.  It  is  a  "notarial "  subscription  of  Abbot  Brightric 
of  Malmesbury  which  deposes  that,  after  diligently  reading  and 
scrutinizing  the  charters  of  his  church,  he  has  dictated  a  certain 
charter,  written  the  same  with  his  own  hand,  and  subscribed  it  as 
witness  among  his  peers^  Even  so  did  Bishop  Heaberht  of  Worcester, 
when  he  saw  his  church  being  unjustly  despoiled  of  certain  lands  at 
the  instigation   of  King  Bertwulf  of  Mercia,  proceed    to    the   great 

^  The  spurious  references  to  household  chaplains  acting  in  this  capacity  to  be  found  in  the 
Welsh  "  Triads  "  really  belong  to  a  much  later  period. 

"^  Cf.  C.  S.  244.  ■*  Cf.  Chron.  Raines  p.  13. 

*  Cf.  C.  D.  ucccxvn,  and  Hickes,  Dissert.  Episl.  p.  47. 


The  Anglo-Saxon  Charters  lyj 

council  at  Tamworth,  taking  with  him  the  elders  of  his  church  and 
its  ancient  charters,  and  then  and  there  obtained  a  favourable  judg- 
ment, dictated  by  him  in  the  terms  of  a  charter  for  which  he  fined  to 
the  king  and  queen  in  horses  and  rings  and  vessels  of  gold  and  silver*. 
Instances  in  point  might  be  multiplied,  and  although  the  charters 
may  be  fabrications,  the  writers  have  at  least  unconsciously  described 
the  way  in  which  the  churchmen  would  have  gone  about  their 
business^ 

Is  not  this  the  key  to  the  method  of  composing  the  Old  English 
diplomata,  which  appear  so  unconventional  to  the  student  of  the 
regular  Continental  forms?  In  this  primitive  age  the  grantee  drew 
his  own  grant  and  obtained  its  ratification  by  his  personal  supervision 
and  supplication,  supplemented  on  occasion  by  a  judicious  offering. 
In  a  more  sophisticated  age  he  feed  a  royal  notary,  bribed  a  royal 
chancellor,  and  fined  to  the  royal  Exchequer,  to  a  like  end.  The  Old 
English  royal  charter  is  a  religious  and  a  local  product.  The  hand- 
writing is  local,  the  language  is  local,  the  formulas  are  adapted  by 
local  scribes  from  academic  models;  the  attestation  only  is  official, 
inasmuch  as  the  court  by  which  it  is  ratified  followed  the  king  into 
the  locality. 

But  this  local  aspect  of  a  large  number  of  charters  which  find 
places  in  monastic  cartularies  must  not  entirely  supersede  the  wider 
view  of  the  professional  rather  than  official  part  played  by  the  Church 
in  the  production  of  the  Old  English  diplomata.  These  local  efforts 
are  reinforced  or  even  supplanted  on  occasion  by  the  professional 
intervention  of  an  independent  churchman ;  but  all  the  same  the 
general  effect  is  in  harmony  with  that  constitutional  scheme  in  which 
the  Anglo-Saxon  laws  also  have  their  place  and  which  received  its 
lasting  form  in  a  charter  of  liberties  composed  by  a  clerical  leader 
from  a  local  model  on  the  altar  of  a  London  church. 


{b)     Old  English  Diplomata. 

For  thirteen  hundred  years,  since  the  landing  of  the  Roman 
missionaries,  we  have  possessed  a  stock  of  public  diplomata  unequalled 
in  any  other  country,  and  during  the  last  fifty  years  we  have  attempted 

1  Cf.  C.  s.  430,  731. 737. 

'  The  charter  of  799 — 80a  which  describes  the  production  and  emendation  of  an  earlier 
charter  is  apparently  genuine  (Aug.  M.  16.  17). 

H.  12 


178  The  Anglo-Saxon  Charters 

to  bring  the  earliest  of  them  together  in  a  printed  Codex.  At  no 
time,  apparently,  has  the  question  of  the  sources  of  these  diplomata 
been  seriously  considered.  They  are  still,  to  the  great  majority 
of  students,  merely  typographed  abstractions  of  constitutional,  eco- 
nomic or  philological  interest,  to  be  taken  as  they  are  found,  with 
such  casual  reservations  as  it  has  pleased  a  few  inquiring  minds  to 
propound. 

And  yet,  if  the  Old  English  diplomata  form  an  important  item  in 
our  scanty  historical  evidence  for  the  pre-Conquest  period,  it  might  be 
thought  that  their  authenticity  was  a  matter  of  some  moment.  To 
base  our  historical  arguments  upon  supposed  facts  or  imaginary 
relations  is,  possibly,  to  argue  from  false  premisses.  We  can  repeat 
the  statement  for  what  it  may  be  worth,  we  can  estimate  its  value 
according  to  the  probability  of  its  form  and  the  credibility  of  its 
source ;  but  to  accept  it  as  Gospel  without  any  scrutiny  whatever,  and 
to  build  upon  this  flimsy  basis  of  fact  a  lofty  superstructure  of  theory, 
is  surely  not  a  historical  method  that  will  commend  itself  to  the 
inquiring  student  of  the  future. 

The  Old  English  diplomata  which  are  thus  presented  to  us  in  the 
pages  of  our  printed  Codices  may  be  said  to  have  been  derived  from 
two  apparent  sources.  In  one  quarter,  they  are  preserved  in  some 
ancient  writing,  and  this  written  form,  which  may  be  either  the  original 
or  a  version  thereof,  is  usually  contained  in  a  single  sheet.  Failing 
this  original,  there  may  be  a  later  copy  or  abstract,  which  commonly 
bears  an  outward  resemblance  to  its  exemplar.  If,  however,  as  most 
frequently  occurs,  neither  original  nor  apograph  has  been  preserved, 
our  text  will  be  derived  from  a  monastic  entry-book,  register,  or 
cartulary,  which  may  have  been  compiled  at  any  time  within  eight 
hundred  years  of  the  date  of  the  original  instrument.  Again,  there 
are  some  cases  in  which  none  of  the  above  sources  are  available,  and 
we  are  dependent  upon  a  modern  transcript.  Lastly,  owing  to  the 
well  known  practice  of  presenting  ancient  charters  for  confirmation 
or  for  official  inspection,  numerous  texts  have  been  preserved  in  the 
rolls  and  registers  of  the  Courts  of  Chancery,  Exchequer,  and  King's 
Bench,  and  it  has  been  suggested  that,  not  infrequently,  these 
enrolments  furnish  a  unique  or  at  least  a  preferable  version  of  the 
original  instruments 

The  second  class  of  diplomatic  texts  comprises  such  as  no  longer 
exist  in  any  ancient  writing,  but  in  a  printed  form  which  sometimes 

^  Mr  W.  H.  Stevenson  in  Engl.  Hist.  Rev.  XI.  737. 


The  Anglo-Saxon  Charters  179 

causes  our  gratitude  to  the  bygone  editors  to  be  tempered  by  mingled 
curiosity  and  regrets 

To  the  misfortune  of  this  unequal  descent  of  our  existing  texts 
must  be  added  that  of  their  uneven  distribution.  It  is  perfectly 
obvious  that  we  no  longer  possess  the  whole  or  even  the  bulk  of  the 
diplomata  that  were  executed  between  the  7th  and  the  nth  centuries. 
It  is  also  to  be  inferred  that  what  we  do  possess  were  scattered  in 
irregular  groups  amongst  the  local  repositories  from  which  they  have 
been  rescued.  In  one  period  Winchester  comes  to  the  front,  and  in 
another  Worcester.  Wessex  and  Kent  and  East  Anglia  are  fairly 
well  represented;  Mercia  not  so  well,  and  Northumbria  not  at  alP; 
but  no  volume  of  diplomatic  evidence  issues  continuous  and  complete 
from  any  one  source.  We  may  be  justly  proud  of  the  learned  zeal  of 
the  cartographers  of  Rochester  and  Worcester ;  but  one  really  perfect 
local  collection  would  have  been  worth  many  times  the  joint  result  of 
their  labours  from  the  point  of  view  of  the  student  of  English  Diplo- 
matic. 

At  the  same  time,  we  must  be  on  our  guard  against  pressing  the 
conclusions  based  upon  these  statistics  to  their  logical  conclusion. 
It  is  premature  to  bewail  the  loss  of  a  vast  mass  of  Old  English 
charters  estimated  solely  by  the  residuum  that  has  survived,  without 
some  further  assurance  of  the  necessity  for  their  existence.  Indeed, 
our  limited  knowledge  of  the  occasions  which  governed  these  grants 
of  "boc-land,"  or  of  privileges  and  immunities  connected  with  its 
possession,  points  to  a  somewhat  different  conclusion.  We  are  no 
longer  compelled  to  suppose  that  book-land  was  the  holding  of 
all  who  claimed  a  several  estate  in  the  Ager  piiblicus^.  On  the 
contrary,  we  are  now  well  assured  by  a  great  legal  historian  that 
book-land  was  "a  clerkly  and  exotic  institution,  and  that  grants  of  it 
owe  their  existence,  directly  or  indirectly,  to  royal  favour,  and  can 
throw  no  light,  save  incidentally,  on  the  old  customary  rules  of  land- 
holding*." 

This  Old  English  customary  procedure  is  perhaps  the  key  to  the 
puzzle  of  the  missing  charter.      In  the  bracing  atmosphere  of  this 

"  For  instances  of  this  class,  and  for  the  whole  subject,  see  KemWe,  Codex  Diplomaticus^ 
VI.  Preface;  Birch,  Cartularium  Saxonicum,  i.  Preface;  and  British  Museum /-orjiW/w,  IV. 
Preface. 

*  For  Professor  Liebermann's  scholarly  notice  of  some  later  Northumbrian  diplomata, 
see  below  p.  225.  For  notices  of  early  Celtic  diplomata,  see  Liber  Latuiavensis  (ed. 
J.  G.  Evans). 

'  Cf.  Prof.  VinogmilofT's  famous  essay  in  E.  //.  R.  VIH.  1. 

*  Pollock  and  Maitland,  Hist,  of  English  Law,  I.  37. 

12 — 2 


i8o  The  Anglo-Saxon  Charters 

native  custom  the  "  book "  imported  from  the  imperial  or  pontifical 
chancery  may  well  have  languished  as  an  "  exotic."  That  it  should 
have  gained  such  repute  as  led  to  its  further  propagation  is  really  due 
to  entirely  extraneous  circumstances,  the  exact  force  of  which  has  not 
perhaps  been  as  yet  sufficiently  ascertained.  It  might,  however,  be 
urged  that  it  is  not  the  business  of  the  editor  of  a  Codex  to  attempt 
an  estimate  of  the  value  of  the  manuscripts  which  have  been  used  for 
the  purposes  of  his  edition.  Be  that  as  it  may,  this  very  reticence  may 
encourage  a  mere  essayist  to  offer  a  few  humble  suggestions  to  future 
editors,  a  few  useful  hints  to  intending  students — and  foremost  this  : 

The  Codex  (or  by  whatever  other  name  the  printed  text  of  the 
Old  English  diplomata  may  be  called)  is  not  to  be  regarded  as  a 
finality.  That  is  to  say,  we  must  be  prepared  to  go  behind  the  printed 
text  in  order  to  estimate  the  historical  value  of  the  materials  which 
we  propose  to  use.  The  Codex,  in  fact,  is  only  a  chronological  register 
of  diplomata  brought  together  for  convenience  of  reference.  It  does 
not  (whether  rightly  or  wrongly)  make  any  serious  attempt  at  diplo- 
matic criticism.  This  is  a  matter  that  is  designedly — we  might  almost 
say  wilfully — left  to  the  ability  or  taste  of  individual  students,  as 
though  it  were  a  matter  which  concerned  the  palaeographer  and  the 
philologist  alone. 

Here,  then,  we  have  a  view  of  the  Codex  which  is  instructive  to  the 
whole  body  of  its  students,  the  classification  of  its  contents.  This  is 
a  subject  which  we  are  apt  to  overlook  in  using  the  paged  and 
numbered  volumes  of  the  printed  text.  We  forget  that,  in  order  to 
effect  our  convenient  chronological  arrangement,  the  original  codices 
have  been,  so  to  speak,  cut  up  and  pasted  down.  Thus  we  have  lost 
sight  of  the  antecedents  of  the  collected  charters,  their  local  colouring, 
and  their  distinctive  individuality.  We  may  hastily  scan  page  after 
page  of  the  Codex,  without  being  reminded  of  Heming  or  the  Textus 
Roffensis,  and  even  the  blatant  pseud-Ingulf  almost  passes  muster  in 
the  crowd  of  minor  forgers. 

It  is  true  that  our  Codex  may  be  tardily  furnished,  like  that  of 
Kemble,  with  a  partial  key  for  the  identification  of  the  sources,  but 
how  many  will  use  it,  or  would  realize  the  meaning  of  its  synonyms  .■* 
How  many  students  are  accustomed  to  carry  in  their  heads  the 
equation,  "Ad.  15350  =  Codex  Wintoniensis,"  the  chief  source  for 
Winchester  charters ;  or  to  distinguish  from  memory  between  the 
MSS.  "Tib.  A.  13,"  which,  being  Heming's  cartulary,  must  be  treated 
with  respect,  and  "  Faust.  A.  3,"  "Claud.  B.  6,"  "Bodl.  Wood,  i.."  and 
"  Vesp.  B.  24,"  which,  as  they  contain  the  respective  collections  of 


The  Anglo-Saxon  Charters  i8i 

Westminster,  Abingdon,  Malmesbury,  and  Evesham,  should  be  used 
with  considerable  caution  ? 

This  question  of  classification  therefore  may  be  earnestly  recom- 
mended to  the  attention  of  the  student  who  has  not  the  requisite  skill 
to  tell  at  a  glance  whether  this  or  that  charter  bears  a  genuine  aspect'. 
Thus  equipped,  he  will  "know  his  warranty"  for  the  statements  in  the 
printed  text,  and  he  can  take  such  further  precautions  as  are  needed 
by  recourse  to  diplomatic  criticism.  It  will  be  seen  that  this  recom- 
mendation amounts  to  "starring"  the  several  codices,  just  as  individual 
charters  have,  to  a  limited  extent  and  to  a  certain  date  only,  been 
"starred"  by  the  editor  of  our  first  Codex.  The  principle  is  perhaps 
more  sound,  as  it  is  also  far  less  arbitrary,  than  Kemble's  method, 
since  it  applies  to  the  whole  period,  and  includes  charters  which  were 
formerly  unknown  or  at  least  omitted.  Again,  instead  of  condemning 
certain  instruments  at  random  upon  evidence  which  is  not  stated, 
a  thorough  scrutiny  is  invited  of  every  specimen  which  is  intended  to 
be  used.  Neither  is  the  labour  of  identifying  the  several  collections 
so  great  as  might  be  thought.  A  full  half  of  the  contents  of  Kemble's 
Codex  is  derived  from  only  a  dozen  famous  cartularies,  the  residue 
being  made  up  from  original  parchments,  lesser  registers,  or  printed 
versions. 

It  has  been  usually  supposed  that  the  authenticity  of  any  par- 
ticular charter  is  capable  of  proof  by  means  of  diplomatic  tests.  It 
cannot,  however,  be  said  that  our  experiments  in  this  direction  have 
been  uniformly  successful.  A  charter  which  conforms  with  all  the 
laws  of  philology  and  all  the  rules  of  palaeography  may  still  be 
proved  a  forgery  by  external  evidence,  if  we  have  reason  to  suspect 
a  forgery  from  its  manuscript  relations.  For  the  purpose  of  a  true 
diplomatic  test,  therefore,  an  appreciation  of  those  manuscript  re- 
lations is  essential,  and  yet  it  is  employed  in  very  few  instances. 

It  might  indeed  be  objected  that  to  proceed  thus  upon  suspicion 
of  forgery  would  be  to  prejudice  the  case.  The  truth  is,  however, 
that  we  have  not  yet  arrived  at  an  understanding  even  as  to  the 
diplomatic  definition  of  a  forgery.  Time  was  when,  during  the  sharp 
reaction  from  long  centuries  of  childish  credulity,  charters  were 
denounced  as  forgeries  for  the  slightest  inconsistency.  Since  then 
we  have  been  passing  through  a  fresh  period  of  reaction,  in  the 
direction  of  the  limitation  and  refinement  of  the  term  "  forgery,"  until 
it  has  become  an  extremely  hazardous  matter  to  reject  a  charter  at 

'  An  attempt  to  refer  the  printed  charters  to  their  several  codices  without  recourse  to  a 
key  will  be  found  a  most  instructive  exercise. 


1 82  The  Anglo-Saxon  Charters 

all.  Between  the  downright  dogmatism  of  Hickes  and  the  cautious 
methods  of  Kemble  and  Professor  Earle  there  is  perhaps  room  for 
a  middle  course,  and  that  course  will  be  safest  steered  by  the  light  of 
diplomatic  criticism. 

But  first  there  is  a  limit  to  our  patience  and  our  gravity,  which 
hitherto  each  one  has  set  for  himself.  Whether  there  is  any  profit  in 
a  discussion  of  a  certain  class  of  charters  is  a  question  which  most 
people  have  answered  in  the  negative,  and  yet  the  Croyland  and 
Beverley  forgeries  are  with  us  always^ — in  the  Codex — and  with  them 
stand  score  upon  score  of  kindred  falsities  which  are  accepted  and 
used  every  day  as  historical  evidence.  Even  the  most  valued 
sources  are  not  always  immaculate.  The  originals  which  have  been 
perpetuated  in  facsimile  include  nth  and  I2th  century  imitations 
of  Old  English  characters  and  composition.  The  Worcester  and 
Rochester  books  have  preserved  here  and  there  a  forgery  as  palpable 
as  any  of  Crowland,  whilst  in  comparatively  respectable  collections, 
such  as  those  of  Canterbury  and  Winchester,  we  are  presented  with 
whole  batches  of  suspicious  charters.  As  for  houses  like  Abingdon, 
Malmesbury,  Evesham,  Glastonbury,  St  Edmunds,  Bath,  St  Augus- 
tine's, Shaftesbury,  Wilton,  Sherborne,  Peterborough,  Chichester,  and 
Chertsey,  it  is  enough  to  say  that  wherever  there  is  a  motive  to  forge 
we  may  suspect  a  forgery. 

This  motive  theory  is  indeed  the  vexed  question  which  can  never 
be  answered  to  the  satisfaction  of  all.  By  keeping  it  carefully  out  of 
sight,  Mabillon  and  his  followers  were  able  to  formulate  a  series  of 
tests  which,  as  Hickes  truly  observed^,  would  save  almost  every 
suspected  charter  from  condemnation.  And  this  cry  has  been  raised 
once  more  in  our  own  times  :  "  Let  us  save  something  !  No  matter  if 
the  king  is  a  wrong  one,  or  the  indiction,  or  if  the  witnesses  are 
impossible ;  these  are  clerical  errors  which  may  be  set  down  to  the 
carelessness  of  a  later  scribe." 

It  has  been  strangely  assumed  by  nine  writers  out  of  every  ten 
that  a  forged  charter  is  an  original  composition  of  a  much  later  date 
than  the  period  to  which  it  refers.  Therefore  these  critics  have  chiefly 
concerned  themselves  with  a  laborious  search  for  trivial  anachronisms; 
but  in  many  cases  in  which  there  is  a  reasonable  suspicion  of  forgery, 
the  scribe  has  merely  tampered  with  an  original  grant  by  way  of 


^  The  researches  of  Prof.  Liebermann  and  Mr  Stevenson  have  proved  that  some  at  least 
of  the  Croyland  forgeries  are  of  a  much  earlier  date  than  the  14th  or  15th  centuries. 
*  Antiq.  Lit,  Septentrionalis  Praefatio,  p.  xl. 


The  Anglo-Saxon  Charters  183 

interpolating  a  word  or  sentence  in  order  to  settle  some  disputed 
point  which  the  grantor  had  unfortunately  omitted  to  foresee^  In 
such  cases  when  erasure  or  insertion  were  impracticable,  a  perfect 
model  was  at  least  available  for  the  fabrication  of  an  improved 
originals 

To  detect  these  nearly  contemporary  forgeries  by  the  test  of 
handwriting  alone  is  Indeed  a  difficult  task,  and  as  a  rule  the  official 
expert  is  wisely  reticent  concerning  the  precise  period  of  an  undated 
manuscript'. 

With  the  existence  of  a  considerable  diversity  of  opinion  as  to  the 
extent  of  the  admissibility  of  a  certain  class  of  Old  English  charters 
as  historical  evidence,  it  is  clear  that  no  general  standard  of  authen- 
ticity can  be  propounded.  A  number  of  more  or  less  valuable  rules 
of  diplomatic  criticism  have  been  elaborated  by  English  scholars 
from  the  time  of  Hickes*,  but  these  have  been  employed  in  a  very 
desultory  manner.  Such  tests  as  the  verification  of  the  chronology, 
of  the  royal  style  and  of  the  persons  and  places  mentioned  in  Old 
English  charters  have  been  more  frequently  resorted  to  than  the 
examination  of  the  language  which  does  not  always  accord  with  the 
assumed  date  or  place  of  origin.  The  diplomatic  tests  connected  with 
the  phraseology  and  formulas  of  these  charters  have  rarely  been  used 
in  this  country*.  It  is  true  that  discrepancies  in  style  such  as  the 
anachronistic  flourishes  in  the  subscriptions  of  the  Crowland  charters 
have  been  readily  pointed  out,  and  that  brevity  and  simplicity  are 
regarded  as  characteristic  of  authentic  diplomata  of  early  date ;  but 
the  diplomatic  method  of  scrutiny  might  be  carried  much  further 
than  this  if  the  formulas  in  use  at  different  periods  had  been  even 
partially  worked  out.  As  it  is,  the  editor  who  wishes  to  test  the 
authenticity  of  particular  charters  is  compelled  to  provide  his  own 
diplomatic  apparatus.  He  cannot,  in  fact,  ascertain  the  exact  position 
of  a  few  specimens  belonging  to  a  given  period  without  a  tedious 

•  Bolder  attempts  occur  in  the  interpolation  of  whole  charters  in  some  text  of  repute, 
e.g.  the  grant  to  Medeshanistede,  a  nth  century  insertion  in  the  Anglo-Saxon  Chronicle 
(Rolls  ed.  p.  51 ;  cf.  C  D.  Ii.  46  and  v.  i], 

•  Mabillon  (Pref.  I.  vi.)  gets  over  the  objections  that  might  be  made  to  many  apographs 
by  the  ingenious  contention  that  many  things  are  to  be  passed  over  in  an  apograph  which 
would  vitiate  an  original  charter. 

•  This  discretion  has  not  been  always  observed,  for  a  great  official  antiquary  of  the  early 
Victorian  period  has  described  one  of  the  most  glaring  forgeries  in  the  whole  Codex  as 
"a  magnificent  and  perfect  specimen  of  ancient  calligraphy." 

•  For  these  see  the  Prefaces  of  Kemble  and  Earle  and  the  excellent  summary  by 
Dr  R.  L.  Poole,  op.  cit.,  and  below,  p.   184. 

•  A  notable  exception  is  to  be  found  in  the  Crawford  Charters  (Napier  and  Stevenson). 


184  The  Anglo-Saxon  Charters 

examination  of  diplomata  dated  long  anterior  and  subsequent  to  that 
period. 

To  summarize  the  principal  rules  that  have  been  recognized  in 
the  modern  study  of  the  subject,  we  shall  find  that  the  occurrence  of 
one  or  other  of  the  following  peculiarities  may  justify  us  in  regarding 
an  Old  English  charter  with  more  or  less  suspicion  :  a  later  and, 
especially  an  imitated  hand-writing ;  anachronisms  and  other  dis- 
crepancies in  the  names  or  styles  of  kings  and  witnesses,  dates,  events 
and  national  usages ;  narrative  Preambles,  Expositions,  Grants, 
Sanctions  and  Attestations  ;  florid  Preambles  and  Sanctions  ;  rhymes 
and  flourishes  of  every  kind  ;  notes  of  time  and  place  and  of  his- 
torical events  that  are  irrelevant  to  the  business  in  hand  ;  the  dragging 
in  of  the  names  of  celebrities  as  witnesses  to  a  charter ;  barbarisms 
and  archaisms  that  are  out  of  date  or  over-done  and  an  affected 
emphasis  placed  on  vernacular  idioms  or  synonyms ;  a  penal  clause, 
unknown  in  this  country,  and  grants  that  deliberately  omit  to  reserve 
the  three- fold  obligation  ^ 

To  this  list,  which  might  be  enlarged'^  or  emended  without  much 
difficulty,  a  few  additions  may  be  suggested  from  another  aspect  of 
diplomatic  criticism  ;  such  as  grants  of  liberties,  privileges  or  im- 
munities which  may  suggest  a  motive  for  the  discovery  of  early 
documentary  evidence  in  support  of  a  disputed  claim ;  the  use  of 
later  constitutional  terms  in  connexion  with  the  above  grants ;  the 
appearance  of  interpolations  in  the  body  of  a  genuine  charter; 
marked  irregularities  of  style  and  the  use  of  the  distinctive  formulas 
of  a  much  earlier  or  later  period ;  the  use  of  foreign  phrases  or 
formulas,  especially  in  the  Dating  or  Attestation  clauses ;  a  sequence 
of  suspicious  charters  from  a  particular  source.  If  we  add  to  the 
above  that  all  rhyming^  and  foundation  charters,  and  most  innova- 
tions of  lost  charters  and  confirmations  may  be  regarded  with 
suspicion,  a  by  no  means  exhaustive  or  conclusive  list  of  dubious 
diplomatic  forms  will  have  been  suggested. 

Again,  it  may  be  useful  to  suggest  that,  for  the  purpose  of  his- 
torical evidence,  the  Old  English  diplomata  may  be  conveniently 
grouped  in  three  divisions.  Of  these  the  first  will  comprise  genuine 
charters  whether  originals,  apographs,  or  entries.     The  second  will 

^  For  the  suspicious  character  of  exemptions  from  episcopal  jurisdiction,  cf.  Somerset 
Record  Society,  Vol.  14,  in  the  case  of  Muchelney. 

"  e.g.  on  the  use  of  the  future  tense  in  dispositive  formulas  (Napier  and  Stevenson, 
Crawford  Charters,  p.  38). 

*  For  rhyming  charters,  cf.  Linkeisen,  Die  Anfdnge  der  Lehngerichtsbarkeit  in  England, 
p.  43  sqq. 


The  Anglo-Saxon  Charters  185 

consist  of  palpable  forgeries  or  documents  that  are  too  suspicious  to 
be  used  without  full  warning  of  their  doubtful  character.  The  third 
division  will  contain  apographs  or  versions  which,  though  disfigured 
by  certain  anachronisms  or  discrepancies,  may  still  be  partially 
utilized  for  historical  purposes. 

With  regard  to  the  first  of  the  above  divisions  it  should  be 
noted  that  comparatively  few  of  the  texts  included  therein  have  as 
yet  been  submitted  to  a  close  diplomatic  scrutiny.  Kemble  himself 
did  not  mark  the  charters  of  the  nth  century  with  any  confidence 
or  consistency,  whilst  we  have  no  means  of  ascertaining  the  method 
adopted  by  him  in  sifting  a  mass  of  earlier  charters  which  do  not 
moreover  represent  the  whole  number  that  is  now  known  to  us*. 
A  more  accurate  definition  of  this  class  would  therefore  be,  "  Charters 
the  authenticity  of  which  has  not  been  seriously  impugned." 

It  must  not,  however,  be  supposed  that  the  elements  of  diplomatic 
criticism  were  propounded  for  the  first  time  by  17th  or  18th  century 
scholars.  Even  in  the  12th  and  13th  centuries  monastic  chroniclers 
could  undertake  to  account  for  the  miraculous  preservation  and 
opportune  production  of  the  ancient  evidences  of  their  churches' 
possessions,  or  to  explain  the  absence  of  seals  from  an  Old  English 
charter  by  recourse  to  diplomatic  arguments  which  have  scarcely 
been  sufficiently  appreciated  by  modern  scholars.  The  fact  that  the 
existence  of  this  early  knowledge  of  the  subject  has  been  hitherto 
ignored  is  perhaps  a  proof  of  the  general  indifference  to  the  subject. 
The  pseud-Ingulfs  notions  about  the  Old  English  handwriting  and 
seals  have  indeed  been  frequently  quoted  to  his  disadvantage,  whilst 
too  much  credence  has  been  given  to  the  romance  of  Battle  Abbey*. 
These  sources,  however,  might  have  been  supplemented  by  the 
interesting  disquisitions  of  Heming,  Gervase  of  Canterbury,  the 
monks  of  Evesham  and  Ramsey,  Matthew  Paris,  and  Thomas  of 
Elmham.  Even  the  allusions  contained  in  early  treatises  such  as  the 
Dialogtis  de  Scaccario  and  the  Constitutio  Donius  Regis  seem  to  have 
been  generally  neglected,  and  many  others  might  be  found 
amongst  the  Chancery  and  Exchequer  compilations  of  the  13th 
century*. 

^  It  will  be  found  that  Kemble  starred  about  300  out  of  1000  charters,  but  the  proportion 
of  doubtful  forms  in  the  completed  Codex  would  be  considerably  higher.  The  method 
employed  by  Professor  Isarle  in  his  valuable  and  suggestive  Land  Charters  must  be  regarded 
as  a  purely  arbitrary  system  of  classification. 

'  Chron.  de  Bella  (1846),  pp.  84  sq.,  107  sq.,  164  sq. 

'  See  Appendix.  This  was  written  before  the  publication  of  the  Oxford  edition  of  the 
Dialogus. 


1 86  The  Anglo-Saxon  Charters 

At  the  same  time  it  may  be  admitted  that  these  early  diplomatic 
essays  do  not  take  us  very  far.  The  sententious  brevity  of  writers 
like  Fitz  Nigel  and  Gervase  of  Canterbury  might  indeed  lead  us  to 
suppose  that  they  knew  more  than  they  chose  to  impart,  but  in  the 
case  of  less  learned  writers  these  obiter  dicta  may  degenerate  into 
idle  gossip.  We  gather  moreover  from  an  anecdote  of  Matthew  Paris 
that  the  prophets  of  the  new  science  were  not  honoured  in  their  own 
houses.  The  historian  relates  that  in  the  reign  of  King  John  there 
appeared  among  the  brethren  at  St  Albans  an  enquiring  mind  in  the 
body  of  one  Alexander  de  Langley  who  had  mastered  the  whole  art 
of  diplomatic  composition.  Unhappily  this  rare  accomplishment 
turned  the  good  monk's  head.  Intoxicated  with  the  importance  of 
the  new  learning,  he  became  insupportable  to  his  fellow- writers  of  the 
"  scriptorium."  In  vain  he  was  banished  to  the  cloisters  and  flogged 
usque  ad  effusionem  sanguinis.  The  diplomatic  spirit  could  not  be 
cast  out.  Then  there  was  a  verdict  Propter  multas  litteras  insanire, 
and  Alexander  died  miserably,  in  chains,  in  the  Abbey's  cell  of 
Binham,  and  was  buried  in  his  chains,  a  warning  to  all  conceited  and 
intolerant  pedants'. 

A  motive  for  the  preservation  of  Old  English  charters,  as  the 
earliest  and  most  precious  title-deeds  of  the  churches'  possessions, 
has  been  frequently  and  variously  suggested.  One  such  motive  has 
been  found  in  the  necessity  imposed  upon  churchmen  after  the  Con- 
quest to  produce  actual  documentary  evidence  of  title,  and  it  has 
been  added  that  such  documents  would  have  been  furnished  with 
seals  in  conformity  with  the  new  diplomatic  practice.  This  theory 
which  figures  conspicuously  in  the  narrative  of  the  pseud-Ingulf  is 
not  justified  by  the  actual  facts.  The  supposed  compulsion  has 
possibly  proceeded  from  a  confusion  of  ideas  induced  by  the  famous 
inquisitions  upon  writs  of  Quo  Warranto  under  Edward  I,  which 
apparently  gave  rise  to  a  large,  and  hitherto  unsuspected  crop  of 
later  forgeries^.  A  more  intelligible  explanation  of  the  anxiety  of 
religious  houses  to  be  provided  with  copies  of  their  ancient  charters 
is  to  be  found  in  the  exigencies  of  the  Exchequer  routine  which 
required  the  production  of  all  charters  of  liberties  under  which 
exemption  was  claimed  from  imperial  or  local  taxation.  To  this 
motive  we  may  perhaps  attribute  the  preservation  of  a  considerable 
number  of  charters  or  confirmations  of  a  later  date  which  have 
survived   amongst  the   "Ancient   Deeds"  in   official  custody,  whilst 

'   Gesta  Abbat.  i.  266. 

^  Public  Record  Office,  Transcripts  of  Deeds  Various  (Exchequer  K.  R-). 


The  Anglo-Saxon  Charters  187 

others  again  have  been  enrolled  in  such  classes  of  Records  as  the 
Pipe  Rolls  and  Curiae  Antiqiiae.  It  is  possible  that  the  still  more 
numerous  enrolments  in  the  Chancery  by  way  of  Inspeximus  were 
chiefly  due  to  the  same  official  exigency.  As  the  "oblations"  and 
"fines"  paid  for  the  concession  or  renewal  of  certain  privileges  came 
to  be  recognized  from  the  close  of  the  12th  century  as  a  valuable 
source  of  revenue,  these  instruments  began  to  possess  the  importance 
of  official  receipts  for  the  redemption  of  land-tax  and  other  common 
assessments.  But  there  remains  a  still  more  obvious  and  urgent 
motive  for  the  preservation,  discovery  or  renewal  of  these  ancient 
diplomata  in  the  litigious  spirit  of  the  post-Conquest  period. 

We  have  only  to  glance  at  the  ex  parte  statements  of  these  cases 
entered  in  monastic  registers,  like  those  of  Worcester,  Rochester  or 
Peterborough,  and  still  more  explicitly  described  in  monastic  histories, 
like  those  of  Evesham  or  Crowland,  to  realize  the  true  position  of 
affairs.  Here  we  shall  find,  almost  side  by  side,  the  text  of  an  Old 
English  charter  and  the  narrative  of  the  law-suit  in  which  it  made 
a  conspicuous  appearance'. 

Following  this  motive  theory  still  further  backward,  we  are  con- 
fronted with  another  problem. 

We  have  learnt  to  regard  ^^  Anglo-Saxon  "  land-bocs  "  as  having 
been  granted  equally  to  churchmen  and  to  thegns ;  but  if  this  is  so,  it 
is  clear  that  a  very  large  deficiency  in  respect  of  existing  grants  in 
favour  of  the  latter  class  has  to  be  accounted  for.  To  suggest  that,  in 
the  natural  course  of  events,  only  the  charters  of  the  religious  would 
have  been  preserved,  is  merely  to  beg  the  question.  But  even  the 
premisses  of  this  argument  would  need  to  be  rectified.  We  are 
scarcely  justified  in  assigning  even  the  comparatively  few  lay-grants 
which  survive  to  a  distinct  species.  This  is  a  matter  which  requires  a 
good  deal  of  discrimination.  In  the  first  case  it  must  be  obvious  that 
these  grants  to  the  laity  were  preserved  as  the  title-deeds  of  the 
church  which  claimed  to  be  the  grantee's  heir.  They  were  in  fact 
needed  to  complete  the  chain  of  documentary  evidence  which  was 
relied  upon  to  secure  the  church's  possessions  from  the  rapacity  of 
turbulent  neighbours  and  the  oppression  or  injustice  of  princely 
tyrants  and  their  hirelings  which  form  the  constant  theme  of  monastic 
narratives  and  diplomatic  "  Sanctions  "  alike. 

A  clue  to  the  real  nature  of  the  earliest  of  these  lay-grants  is 
perhaps  found  in  a  remarkable  passage  of  Beda's  well-known  letter 

*  Cf.  f/eming's  Cartulary  (ed.  Heame),  I.  148. 


1 88  The  Anglo-Saxon  Charters 

to  archbishop  Ecgberht  of  York,  in  which  the  writer  denounces  the 
practice  of  obtaining  grants  of  land  by  means  of  charters  confirmed 
by  the  Witan  for  the  purpose  of  founding  religious  houses  which  were 
only  too  frequently  ill-regulated \ 

We  have  indeed  only  to  refer  to  the  diplomata  of  the  7th  and 
8th  centuries  to  see  that  the  expressed  motive  of  such  charters  was 
usually  to  benefit  some  church^  In  these  cases  a  grant  of  land  is 
made  to  some  lay  notable,  ad  construenduni  in  ea  monasterium,  a 
phrase  that  may  almost  be  dignified  by  the  term  of  a  formula*.  In 
these  "  land-bocs"  a  reversion  to  the  church  is  not  always  specified, 
though  the  pious  motive  is  usually  implied  by  the  wording  of  the 
Preamble,  Exposition  and  Sanction.  Besides  these  actual  grants  to 
laymen,  there  are  cases  in  which  they  are  mentioned  as  having  con- 
tributed to  procure  like  concessions  for  churchmen ^  who  in  most 
cases  were  the  direct  recipients  of  the  royal  bounty. 

In  the  course  of  the  9th  century,  however,  we  find  grants  made 
to  laymen  (and  now  to  thegns  rather  than  to  princes  or  earls)  with 
growing  frequency,  till  at  length  these  may  amount  to  a  third  of  the 
whole  number.  This  increase  certainly  adds  to  the  difficulties  of  the 
subject.  Hitherto  these  lay  grants  have  constituted  but  a  small  per- 
centage of  the  Codex,  and,  as  we  have  leen,  in  many  cases  an  ulterior 
motive  is  perceptible.  But  in  these  later  grants  no  such  motive  can 
be  perceived,  whilst  in  many  cases  a  very  different  motive  is  alleged. 
Moreover,  we  are  not  here  concerned  with  wholesale  forgeries,  since 
the  proportion  of  originals  in  this  class  of  charters  is  quite  remark- 
able. Again,  instances  occur  in  which  lands  thus  bestowed  on  a 
layman  do  not  seem  to  have  been  ultimately  disposed  of  by  the  latter 
in  favour  of  the  church  by  which  the  charter  was  preserved,  whilst  in 
other  cases  such  grants  seem  to  have  been  resumed  by  the  Crown*. 
It  might  also  happen  that  a  private  deed  or  devise  in  favour  of  a 
church  was  disputed  by  the  heir-at-law®.  We  must  assume,  therefore, 
that  in  this  later  period  many  grants  to  laymen  were  preserved  by 
the  churches  as  mere  title-deeds'",  without  any  immediate  connexion 
with  the  pious  dispositions  of  the  original  grantees. 

1  Ed.  Smith,  p.  309. 

*  Cf.  C.  S.  32,  58,  59,  60,  74,  77,  78,  85,   122,  146,  153,  154,  182,  197,  198,  202,  206, 
209,  211,  218,  232,  244,  &c. 

*  Cf.  above  p.  176  and  C.  S.  225,  230,  232,  274,  277,  &c. 

*  Cf.  C.  S.  22  A,  58,  59,  142. 

^  Cf.   C.  S.  303  where  the  condition  of  faithful  service  and  allegiance  of  the  thegn  is 
specified.     Cf.  also  C.  S.  247  and  248.  *  Cf.  C.  S.  256. 

''  Thus  we  read  in  the  History  of  Ramsey  (Rolls  p.  13)  that  Quaedam  in  archivis  ecdesiae 


The  Anglo-Saxon  Charters  189 

As  a  result  of  the  above  observations  we  have  found  that  the 
distribution  of  the  surviving  Anglo-Saxon  charters  nearly  coincides 
with  the  periods  of  paramount  influence  exercised  by  the  Church  and 
thegn-hood  respectively,  and  that  a  due  proportion  of  the  grants 
made  to  each  class  in  turn  would  naturally  be  found  amongst  the 
existing  ecclesiastical  collections.  It  is  clear,  however,  that  there  is 
a  missing  link  between  the  original  "land-boc"  and  the  later  entry  in 
some  monastic  register  which  records  a  private  benefaction.  Whether 
this  link  would  have  been  supplied  by  a  lost  series  of  Anglo-Saxon 
wills  and  conventions  is  a  question  that  could  only  be  partially 
answered  by  an  exhaustive  enquiry  into  the  origin  and  relations  of 
the  private  diplomata  of  the  loth  and  nth  centuries. 


if)     Old  English  Fornmlas. 

The  existence  of  distinct  formulas  in  the  composition  of  the  Old 
English  diplomata  has  been  frequently  noticed  and  a  definite  classifi- 
cation of  these  formulas  has  been  more  than  once  propounded.  But 
how  loose  does  this  classification  appear  by  comparison  with  the 
modern  arrangement  of  the  Continental  types  !  In  the  first  place  the 
distinction  between  the  Protocols,  or  official  formulas  which  occur  at 
the  beginning  and  end  of  the  charter,  and  the  Text,  or  body  of  the 
instrument,  is  not  indicated  at  all.  Again,  the  omission  of  certain 
formulas  which  are  found  in  Continental  examples  is  accepted  without 
comment,  whilst  the  existence  of  others,  though  in  a  rudimentary  or 
irregular  form,  has  apparently  been  unnoticed. 

Nevertheless  it  might  be  possible,  by  a  slight  modification  of  the 
existing  arrangement,  to  bring  the  composition  of  the  Old  English 
formulas  into  close  agreement  with  those  of  the  Continental  chanceries, 
though  to  prove  their  derivation  from  this  source  would  be  no  easy 
matter.  We  may  have  very  little  doubt  that  the  Anglo-Saxon  scribes, 
who  received  the  art  of  writing  from  the  Roman  missionaries,  derived 
the  outlines  of  their  diplomatic  compositions  from  the  Gallo-Roman 
chancery  which  in  turn  was  modelled  upon  the  "  course"  of  the  Papal 
Curia.     There  seems  to  be  no  other  possible  explanation  of  the  exist- 

ttostrae  repertae  vetustissimae,  scedulae  eorundem  regum  uomina  el  quibusdam  personisfactas  ab 
eisdem  lerrarum  donationes  continentes  ;  quae  donationes  etiam  ab  ipsis  personis  post  modum 
ecclesiae  nostrae  in  perfxtuum  eleemosynam,  cum  eorundem  scedularum  munimenlOy  sunt 
coliatae.  For  an  instance  in  point,  cf.  Cart.  Rames.  i.  157,  and  Public  Record  Office,  Ancient 
Deeds,  No.  7873. 


1 90  The  Anglo-Saxon  Charters 

ence  of  a  considerable  body  of  Old  English  diplomata  from  the 
7th  century  onwards.  And  yet  we  cannot  identify  any  number  of 
the  insular  formulas  with  the  specimens  preserved  in  the  Papal  or 
Imperial,  Lombardic  or  Prankish  collections  and  precedent  books. 
At  one  time  we  have  a  snatch  of  a  Roman  and  at  another  of  a 
Prankish  formular.  Here  we  recognize  Marculf  and  there  the  Liber 
Diurnus. 

This  failure  to  identify  the  common  sources  of  the  Old  English 
formulas  is  at  first  sight  somewhat  disquieting.  We  must  remember, 
however,  that  the  text-books  of  the  Merovingian  and  Carolingian 
chanceries  were  not  contemporary  with  the  most  active  period  of 
English  diplomatic  writing.  Perhaps  also  our  confused  impression  of 
the  insular  forms  is  only  the  natural  result  of  a  cursory  inspection  of 
the  strange  medley  of  historical  documents  that  fill  the  earlier  pages 
of  our  Codex.  We  have  first  of  all  to  put  aside  vernacular  "  versions," 
rhymes,  wills,  conventions,  letters.  Papal  Bulls,  laws,  councils  and 
other  historical  documents  which  (however  interesting  in  themselves) 
do  not  furnish  us  with  examples  of  diplomatic  construction.  Even 
then  it  will  be  found  a  matter  of  no  small  difficulty  to  classify  the 
formulas  of  the  residue  of  credible  examples  in  a  comprehensive 
system  ;  for  no  Anglo-Saxon  king  used  the  distinctive  style  of  the 
Continental  chanceries  and  a  constant  overlapping  of  style  and  inter- 
change of  formulas  is  met  with  from  first  to  last. 

We  have  seen  that  the  diplomatic  instruments  which  were  dictated 
in  the  Continental  chanceries  were  composed  according  to  certain 
recognized  formulas,  and  that  these  were  arranged  so  as  to  divide  the 
diploma  into  three  parts,  consisting  of  an  initial  and  a  final  Protocol, 
with  the  Text  or  body  of  the  charter  lying  between  them,  as  in  the 
following  Table. 

{a)     Initial  Protocol. 
Invocation. 
Superscription. 
Address. 
Salutation. 

{b)     Text. 

Preamble. 
Notification. 
Exposition. 
Dispositive  clause. 
•  Pinal  clauses. 


The  Anglo-Saxon  Charters  191 

{c)     Final  Protocol. 
Date. 

Apprecatio. 
Attestation. 

It  must  be  further  understood  that  several  of  these  conventional 
formulas  are  capable  of  considerable  elaboration  according  to  the 
purport  of  the  instrument  itself,  whilst  the  order  and  wording  of  the 
whole  series  vary  during  different  periods.  As  the  Continental 
diplomata  are  known  to  have  been  composed  by  a  notarial  college 
or  at  least  by  an  official  body  of  scribes,  and,  as  we  have  seen,  in 
accordance  with  official  precedents,  the  regularity  of  the  above 
formulas  is  easily  explained.  This  uniformity  was  further  enhanced 
by  the  special  devices  employed  for  their  execution. 

It  has  been  previously  insisted  that  no  notarial  apparatus  existed 
in  this  country  during  the  Anglo-Saxon  period,  and  this  unpro- 
fessional character  of  the  native  instruments  is  reflected  in  the 
arrangement  of  the  formulas  as  well  as  in  the  handwriting  itself. 

The  following  classification  of  the  Old  English  formulas  will  show 
the  distinctive  features  of  this  national  type : 

{a)     Initial  Protocol. 
Invocation. 
Superscription. 

(b)     Text. 

Preamble  (or  Proem). 

Exposition  (rudimentary). 

Disposition  (or  "  Grant  ";  with  description  of  Boundaries). 

Final  clause  (or  "  Sanction  "). 

(f )     Final  Protocol. 
Date. 
Attestation  (Subscriptions). 

It  will  be  noticed  that,  for  the  purpose  of  this  table,  it  has  been 
necessary  to  make  certain  modifications  in  the  recognized  arrangement 
of  the  successive  formulas.  Thus  an  Initial  Protocol  can  be  distin- 
guished only  by  recognizing  the  importance  of  the  Superscription  which, 
although  frequently  involved  with  the  first  two  clauses  of  the  Text, 
usually  sets  forth  the  royal  style  in  a  formula  which  is  constantly 
repeated  in  the  terms  of  the  Subscription  in  the  Final  Protocol. 
Again,  the  Preamble  might  be  regarded  as  a  substitute  for  the  Invo- 
cation (which  it  so  often  replaces)  rather  than  as  a  mere  prelude  to 


192  The  Anglo-Saxon  Charters 

the  Exposition  in  the  Continental  style.  In  any  case  its  place  is 
sometimes  taken  by  a  j-udimentary  Exposition,  which,  when  present, 
is  little  more  than  a  primitive  Movent  claused  Lastly,  it  should  be 
clearly  recognized  that  the  description  of  the  boundaries,  which  is 
such  a  distinctive  feature  of  the  Old  English  diplomata,  is  merely 
an  appendix  to  the  "  Grant "  itself,  usually  inserted  between  the 
Text  and  the  Final  Protocol,  but  also  appended  as  a  schedule  to 
the  completed   charter. 

Apart  from  this  arrangement  of  the  existing  formulas,  the  Old 
English  diplomata  may  be  distinguished  by  the  omission  of  others 
which  are  specially  characteristic  of  the  Continental  chanceries  as 
well  as  of  the  conventional  charter  of  later  times.  These  omitted 
clauses  are  the  Address  (invariably),  the  Salutation  (usually),  and  the 
Notification,  whilst  the  numerous  variants  of  the  Final  clause  which 
occur  in  Continental  types  are  also  wanting. 

The  characteristic  features  of  these  native  charters  can  also  be 
recognized  in  the  composition  of  the  formulas  themselves.  It  is 
certainly  possible,  however,  to  notice  a  gradual  development  in  the 
case  of  the  Latin  diplomata  of  the  7th  and  8th  centuries  from  the 
Roman  type  of  donation  to  that  of  the  Anglo-Saxon  "  land-boc."  It 
is  in  the  Disposing  and  Attesting  clauses  that  this  foreign  influence  is 
most  conspicuous.  The  use  of  such  words  as  trado,  cedo  and  dojio  is 
most  suggestive,  together  with  the  use  of  the  perfect  or  future  tenses 
and  the  first  and  second  persons,  whilst  the  announcement  of  the 
boundaries  is  in  Latin.  Again,  in  the  Dating  and  Attestation  clauses 
we  meet  with  such  formalities  as  are  implied  by  the  expressions  testes 
competenti  nuntero  rogavi;  rogatiis  consensi,  &c.  Again,  the  Indiction 
is  rarely  wanting  and  the  Signiim  mantis  is  employed,  at  least  for 
minor  witnesses.  At  the  same  time,  even  in  this  early  period,  con- 
siderable variety  and  certain  national  characteristics  may  be  seen  in 
the  expression  of  the  kingly  style,  especially  in  the  Superscriptions  of 
the  Mercian  rulers,  and  the  purport  of  the  grant  may  be  neatly 
epitomized  in  the  royal  Subscription.  In  the  9th  century  the  most 
pronounced  of  the  old  classical  formulas  are  modified  by  the  increas- 
ing luxuriance  of  the  native  diction.  This  is  especially  noticeable  in 
the  case  of  the  Dispositive  clause  in  which  the  conditions  of  the  grant 
are  formulated  in  deference  to  the  national  policy.  Moreover,  Scripta 
occurs  more  frequently  than  Acta  in  the  Dating  clause,  and  the  sub- 

1  Cf.  Rot.  Chart.  (Record  Com.),  p.  xxiii,  n.  2,  where  (as  in  Ketnble)  the  Preamble 
is  regarded  as  a  Movent  clause.  In  this  case,  however,  a  true  Exposition  must  equally  be 
r^arded  as  a  Preamble. 


The  Anglo-Saxon  Charters  193 

scriptions  of  the  witnesses  assume  the  conventional  form  which  was 
subject  at  a  still  later  date  to  such  extravagant  embellishments. 

Again,  in  spite  of  the  general  resemblance  of  the  Old  English 
formulas  during  the  whole  period  of  their  composition  to  those  used 
in  the  Italian  and  Prankish  chanceries,  many  divergencies  may 
also  be  noted.  The  Invocation,  though  reproducing  Continental 
formulas',  is  never  embellished  with  the  elongated  cursive  characters 
of  the  Roman  and  Prankish  calligraphy.  Moreover,  in  a  great  number 
of  cases,  no  Invocation  whatever  is  found.  The  Superscription,  as 
we  have  seen,  is  distinguished  in  Old  English  charters  by  an  in- 
formality of  style  which  contrasts  with  the  system  of  the  foreign 
chanceries.  It  is  true  that  in  the  majority  of  the  later  charters  the 
style  Dei  gratia  rex  Anglorum  resembles  the  parallel  Prankish  formula, 
but  this  leaves  a  large  number  of  irregular  forms  in  the  earlier  pages 
of  the  Codex. 

In  the  composition  of  the  Final  Protocol,  we  have  still  stronger 
evidence  of  the  informalities  resulting  from  the  absence  of  a  notarial 
system.  The  words  announcing  the  execution  of  the  instrument 
are  usually  wanting  or  imperfect  and  there  is  no  notice  of  the 
act  of  scaling.  The  phrase  Acta  instead  of  Scripta  does  indeed 
frequently  occur  till  the  middle  of  the  10th  century,  but  its  disuse 
from  that  date  is  noticeable.  Of  the  distinctly  foreign  Apprecatio 
it  is  only  necessary  to  observe  that  such  a  phrase  as  /;/  Dei  nomine^ 
feliciter.  Amen  occurs  only  in  the  worst  type  of  forgery. 

In  the  case  of  the  Attestation  clause  we  have  to  distinguish  care- 
fully between  genuine  and  apocryphal  instruments,  but  here  too  a 
progressive  development  of  style  is  apparent.  The  early  Signum 
manus  is  replaced  by  the  equally  stereotyped  consensi  et  subscripsi, 
and  this  in  turn  by  the  characteristic  flourishes  of  the  loth  and  nth 
centuries.  All  these  are  perfectly  regular,  each  in  its  own  period,  but 
the  absence  of  a  royal  monogram  and  seal  and  of  a  notarial  subscrip- 
tion gives  an  appearance  of  irregularity  to  the  Subscriptions  of  the 
Old  English  diplomata  which  does  not  actually  exist. 

The  Protocols  of  a  royal  charter  will  naturally  form  that  portion 
of  the  instrument  which  would  be  chiefly  affected  by  notarial  devices 
or  by  variations  in  the  style  of  composition.  The  Text,  on  the 
other  hand,  will  to  some  extent  reflect  certain  constitutional  and 
local  peculiarities.  In  the  case  of  the  Old  English  charters  the 
national    characteristics    are    clearly   displayed    in    the    Dispositive 

'  Perhaps  the  characteristic   English   form    is    Regitante    Christo  in   distinction   to  the 
Continental  In  nomine  sanctae  et  individuae  Trinitatis. 

H.  13 


194  ^^  Anglo-Saxon  Charters 

clause*.  The  Preamble  and  Sanction,  however,  bear  a  general 
resemblance  to  the  corresponding  clauses  of  Continental  diplomata. 
Here  the  usual  themes  are  introduced,  the  transitory  nature  of  human 
possessions  and  the  advantage  of  exchanging  these  for  more  lasting 
treasures ;  the  dut>'  of  worthy  monarchs  towards  the  Church  or  the 
importance  of  recording  temporal  grants  by  reason  of  the  uncertainty 
of  life  and  the  deceitfulness  of  human  nature.  At  the  same  time  we 
can  recc^nize  considerable  variety,  and  even  elegance,  in  the  diction 
employed  which  reminds  us  not  infrequently  of  the  style  of  the 
pontifical  chancei>',  especially  when  the  Preamble  opens  with  a  sen- 
tentious expression*  which  seems  to  dispense  with  the  necessity  for  an 
Invocation. 

It  is  a  well-knowm  feature  of  the  style  of  the  Continental 
chanceries  that  the  consecutive  formulas  begin  with  rect^jnized  catch- 
wordsw  In  the  case  of  the  Old  English  charters  these  distinctions  are 
far  less  obvious  and  usually  occur  cmly  in  the  Exposition  of  the  Grant 
and  the  Sanction.  The  absence  of  one  of  these  familiar  introits  is  due 
to  the  omission  in  Old  English  diplomata  of  the  Notification,  which, 
like  the  Address,  only  occurs  in  irr^;ular  forms.  In  the  place  of  a 
Notification,  therefore,  the  Preamble  is  followed  immediately  by  the 
Exposition  with  which  it  is  connected,  as  usual,  by  such  w(M^ds  as 
QuapropterT,  Quamwbrem,  &c. 

This  clause  may  \xveAy  refer  to  the  circumstances  or  motive  of 
the  grant,  as  in  the  familiar  Old  English  formulas  pro  renudio  et  salute 
atuma  mae;  pro  ejus  plac4ibili pecuma.  It  has  beoi  previously  observed 
that  tbe  long  and  circumstantial  narrations  which  occur  in  Old 
Engli^  and  Continental  diplomata  alike  are  suspicious  in  the  case  of 
the  former,  at  least.  These  interpolations,  however,  are  not  confined 
to  the  Exposition  but  are  sometimes  introduced  into  the  Grant  and 
SancticMi,  and  even  into  the  Dating  and  Attesting  clauses^ 

The  essential  w<M-ds  of  the  Grant  itsdf  do  not  differ  materially 
from  Ux&%f\  fonnula&  Nevertheless  it  is  this  disposing  clause  which 
fumishes  the  most  marked  charactoistics  of  the  Anglo-Saxon  "  land- 
boc."  It  is  usually  announced  by  tbe  personal  statement  of  the 
grantor,  k^AicmcA.  by  die  wofds  of  concessiiHi  to  the  grantee^  with  a 
brief  description  erf*  the  estate  omveyed,  and  a  note  of  the  conditicms 

1  We  kne  seen  dat  Ac  Naintive  cfane  ■nnlty  aiwml't  to  no  mote  don  a  psuoidMsis. 
-  Tfefaeqaendf  takcstiiefogaofaSuyUualtieat. 

'  Tlie«eaiepartWlrfy»ai|ado«swlieiidicy  €>cagas|iaitofanewpaiagia|)iii^^ 
yrfSmtwaA  Imager. 

*  In  tdhe  aeooad  or  the  tkbd  pecHB. 


The  Anglo-Saxon  Charters  195 

or  limitations  of  the  Grant,  or  of  the  consideration  for  the  same,  if 
introduced  here  instead  of  in  the  Exposition. 

In  each  of  these  clauses  there  is  ample  scope  for  an  expression  of 
the  national  polity,  and  the  rich  harvest  of  constitutional  and  philo- 
logical terms  thus  preserved  has  been  already  reaped  and  garnered  by 
industrious  and  skilful  hands.  It  will  be  sufficient,  therefore,  to  repeat 
that  there  are  several  features  of  the  Old  English  formulas  which  may 
be  regarded  as  national  distinctions,  such  as  the  careful  identification 
of  the  locality  of  the  Grant  and  the  description  of  its  boundaries 
expressed  in  the  vernacular  calligraphy  and  diction.  Indeed,  we  are 
almost  tempted  to  conjecture  that  in  some  cases  space  may  have  been 
left  by  the  scribe  for  the  insertion  of  these  particulars  by  a  special 
"  telligraphist,''  just  as  space  was  left  for  the  rubric  in  copying 
MSS. 

Again,  there  is  the  well-known  reservation  of  the  Trinoda  Neces- 
sitas,  in  connexion  with  the  exemption  from  public  burdens  or  royal 
exactions,  together  with  the  enumeration  of  particular  liberties. 

The  Sanction  peculiar  to  these  Anglo-Saxon  charters  is  usually  of 
a  combined  comminatory  and  promissory  character.  The  introit  Si 
quis  will  be  verjj^  familiar  to  all  students  of  the  Codex,  but  a  x-ariant 
occurs  with  the  words  AugcMtibus  and  Minuentibtts. 

It  has  often  been  remarked  that  the  Old  English  diplomata  differ 
from  the  Continental  by  the  omission  of  all  mention  of  the  compensa- 
tion to  be  exacted  for  tran^ression.  It  might  be  added  that  the 
absence  of  the  numerous  provisos  found  in  the  Final  clauses  of  the 
foreign  types  constitutes  a  further  distinction,  though  some  traces 
of  an  Injunctive  or  Prohibitive  clause  might  possibly  be  found  in 
genuine  charters  and  can  be  clearly  distinguished  in  the  later  verna- 
cular writs. 

The  Old  English  diplomata  which  may^  be  most  profitaUy 
examined  for  the  purpose  of  diplomatic  study  are  perhaps  those 
which  range  in  point  of  date  from  the  end  of  the  7th  century  to  the 
middle  of  the  10th.  Amongst  these,  the  charters  of  the  7th  and  8th 
centuries,  being  comparatively  few  in  number,  of  a  very  miscellaneous 
character,  and  for  the  most  part  of  doubtful  authenticity,  may  be 
conveniently  grouped  together  with  the  general  characteristics  of 
irregularity  of  form  and  traces  of  foreign  influence.  In  the  next 
group  might  be  comprised  the  royal  chart^s  of  the  9th  century-  and 
beyond,  to  the  reign  of  .^thelstan.  This  is  a  period  fertile  in 
originals — and  forgeries,  but  the  sequence  of  formulas  is,  on  the 
whole,  well-preserx'cd  and  the  kingly  style  is  becotnii^  fixed.    Finally, 

>3— ' 


196  The  Anglo-Saxon  Charters 

with  the  reign  of  Eadward  the  Elder,  certain  formulas  are  more  or 
less  recurrent ;  but  of  the  diplomata  of  this  king  so  many  are  con- 
firmations, innovations,  narrations,  so  many  indeed  are  later  apo- 
graphs, that  the  inception  of  the  new  style  must  be  deferred  to  the 
reign  of  iEthelstan. 

The  third  period  begins  with  this  reign  and  lasts  till  that  of  Cnut. 
For  the  first  time  we  recognize  the  consistent  use  of  appropriate 
formulas  which  recur,  with  the  greatest  precision,  in  the  several  dip- 
lomatic types  to  which  they  respectively  belong.  Thus  a  charter 
which  begins  with  a  Preamble  in  a  certain  form  of  words  will 
usually  contain  a  Superscription,  Exposition,  Grant,  Sanction,  Dating 
and  Attesting  clauses  in  an  equally  distinctive  form  ;  that  is  to  say, 
each  of  the  charters  which  contains  any  one  of  these  formulas  will  be 
found  to  agree  with  the  other  charters  of  the  group  in  respect  of 
this   and   the  remaining  formulas. 

There  are  of  course  variants  and  irregular  forms,  but  these  can 
scarcely  affect  the  general  proposition.  And  this  is  not  all.  We  may 
even  be  able  to  ascertain  that  one  or  other  of  these  distinctive  forms  is 
preferred  during  a  certain  period  of  the  reign  and  that  a  particular 
form  is  employed  for  the  composition  of  a  batch  of  charters  executed 
on  the  same  occasion,  or  that  it  is  especially  affected  by  certain 
religious  houses. 

This  statement,  however,  is  only  true  to  a  limited  extent.  It  is 
certainly  possible  to  point  to  well-marked  formulas  which  appear  to 
obtain  during  certain  reigns  and  even  during  definite  periods  of  those 
reigns  1 ;  and  it  is  also  possible  to  show  that  a  large  proportion  of  a 
certain  issue  was  appropriated  by  a  particular  housed  At  the  same 
time  it  would  be  found  that  there  are  numerous  revivals  or  survivals 
of  other  equally  important  formulas  extending  over  a  considerable 
period,  whilst  we  have  to  reckon  here  once  more  with  the  question  of 
the  authenticity  of  our  existing  texts". 

In  the  reign  of  yEthelstan  the  Old  English  "  land-boc  "  approaches 
the  highest  point  of  its  development,  as  will  appear  from  an  analysis 
of  formulas  printed  in  the  Appendix.  An  Invocation  is  prefixed  to 
some  thirty  charters  of  this  reign  in  the  shape  of  a  chrismon,  but  as 
comparatively  few  of  these  instruments   have  been  preserved   in   a 

^  e.g.  in  the  case  of  the  forms  Flebilia  fortiter  used  between  the  years  931  and  933, 
Fort  una  falkntis  saeculi  between  934  and  937  and  Egregitis  agonista  in  938  and  939.  Cf. 
Crawford  Charters,  iv.  1.  21  note,  and  1.  40  note. 

'■*  Thus  five  out  of  the  ten  forms  Flebilia  fortiter  may  be  assigned  to  the  church  of 
Winchester. 

■*  Cf.  Crawford  Charters,  p.  1 1 1 . 


The  Anglo-Saxon  Charters  197 

contemporary  form,  some  allowance  should  be  made  for  possible 
embellishments.  The  favourite  openings  of  this  formula  would  seem 
to  be  Regnante  Theo  and  In  nomine  Dei  with  several  variants. 
As  the  choice  of  an  English  scribe  in  the  case  of  Invocations  was 
comparatively  limited,  the  recurrence  of  these  variants  is  not  sur- 
prising. On  the  other  hand  the  Preamble  which  offers  a  greater 
scope  for  individuality  of  design  affords  a  far  surer  test  of  systematic 
composition. 

A  Preamble  is  found  in  not  fewer  than  55  of  king  iCthelstan's 
charters,  and  of  these  several  are  found  in  combination  with  the 
appropriate  formulas  before  referred  to'.  Thus  in  the  case  of  the  ten 
charters  in  which  the  Preamble  begins  with  the  words  Flebilia  fortiter 
detestanda^,  there  is  no  Invocation,  the  Superscription  contains  the 
periphrasis  per  omnipatrantis  dexteram,  for  Dei  gratia,  the  Exposition 
begins  with  Qua  de  re,  the  essential  word  of  the  Grant  is  tribuo,  the 
Sanction  begins  with  Si  auteni  and  the  Dating  clause  with  Hujus 
namque.  Finally,  the  royal  Subscription  usually  contains  the  words 
ierarchia  praedittis  rex^. 

It  will  be  noticed  that  in  the  great  majority  of  charters  which 
contain  three  typical  Preambles  of  this  reign  an  Invocation  clause 
is  not  present*.  In  the  remaining  examples,  with  a  few  isolated 
exceptions",  the  Preamble  is  preceded  by  an  Invocation  with  which  it 
is  either  skilfully  blended"  or  else  distinguished  by  such  words  as 
Quoniam'  or  Quamvis^. 

As  for  the  themes  of  the  several  Preambles  of  this  reign,  it  is 
perhaps  enough  to  .say  that  they  are  of  the  conventional  types  which 
are  familiar  to  us  in  the  diplomatic  writings  of  other  periods  and  other 
countries.  That  they  contain  any  indications  of  the  authenticity 
or  otherwise  of  the  several  charters,  or  any  allusions  of  historical  or 
even  of  diplomatic  intere.st  might  be  a  somewhat  rash  assertion,  but 
as  to  the  beauty  and  general  purity  of  their  style  there  can  be  no 
doubt. 

It  has  been  already  stated  that  the  notice  of  an  Exposition 
is  an  innovation  in  the  recognized  classification  of  the  Old  English 
diplomata.  During  this  period,  apart  from  the  well-marked  presence 
of  the  clause  and  its  position  with  regard  to  the  Preamble  and  Grant, 

»  Above  p.  196.  «  C.  S.  635,  674,  675,  677,  689,  691,  69a,  694,  695,  696. 

'  In  several  ca.ses  with  variants  (see  Appendix). 

*  See  Appendix. 

»  e.g.  C.  S.  663,  664,  665,  666,  667,  680,  681,  701,  713. 

*  As  in  the  majority  of  Charters  beginning  Kignante. 

'  Cf.  C.  S.  690.  *  Cf.  C.  S.  683. 


198  The  Anglo-Saxon  Charters 

it  usually  contains  nothing  beyond  the  expression  of  a  motive, 
material  or  spiritual,  as  the  case  may  be.  In  a  very  few  cases, 
however,  the  Exposition  shows  some  approach  to  a  narration  or 
recital,  or  even  a  discursive  tendency'. 

Besides  the  appropriate  catch-words  found  in  the  Expositions 
of  the  special  diplomatic  forms  given  in  an  Appendix,  certain  inter- 
esting variants  are  found  in  the  remaining  charters  of  this  reign. 
Qiiapropter  is,  of  course,  the  favourite  introit,  and,  next  to  this.  Qua 
de  re  and  Quaniobrejn.  Unde  and  Proinde  are  obvious  alternatives, 
but  a  pleasing  variant  is  seen  in  Cujtis  amore"^.  At  the  same  time 
it  will  be  found  that  in  a  number  of  cases  the  Grant  is  simply 
announced  with  the  words  Ego  ^tJielstanus.  This  is  especially 
noticeable  in  those  charters  which  have  an  Invocation  clause  but 
no  Preambled 

The  Grant  being,  with  the  exception  of  the  Date,  that  part  of  the 
Old  English  charter  which  has  received  most  attention  from  modern 
scholars,  it  is  only  necessary  to  refer  briefly  to  its  scope  and  com- 
position. Moreover,  as  the  usual  subject  of  these  charters  is  a  Grant 
of  land,  it  will  be  evident  that  the  clause  in  question  must  naturally 
be  of  a  uniform  nature.  This,  at  least,  is  the  case  in  the  reign  of 
.^thelstan,  the  announcement,  description  and  conditions  of  the 
Grant  being  all  well  preserved.  It  will  be  seen  by  reference  to  the 
forms  printed  in  an  Appendix  that  of  the  disposing  words  the  most 
characteristic  is  tribiio  with  variants  such  as  condono,  concedo,  &c. 

As  the  vernacular  description  of  the  boundaries  had  formed  an 
essential  part  of  the  Anglo-Saxon  charter  from  the  early  part  of  the 
previous  century  it  need  scarcely  be  said  that  it  appears  in  all  the 
regular  diplomata  of  this  reign. 

The  Sanction,  like  the  Preamble,  is,  as  we  have  seen,  capable  of 
considerable  variation,  and,  unlike  the  latter  clause,  a  characteristic 
formula  cannot  be  distinguished  in  the  linked  charters  above  referred 
to.  But  most  of  these  variations  are  merely  verbal  flourishes,  and  the 
Sanction  might  be  called  the  Si  quis  clause  with  as  much  truth  in 
iEthelstan's  reign  as  in  any  other.  One  remarkable  exception,  how- 
ever, occurs  in  the  substitution  of  a  "  glacial "  curse  for  the  usual 
threats  of  eternal  fire.  It  has  been  suggested  by  an  eminent  scholar* 
that  the  charters  containing  this  formula  were  the  compositions  of 

^  C.  S.  667,  670.  -  Cf.  C.  S.  663,  664,  667,  669,  745  for  other  variants. 

^.  For  a  confusion  of  this  formula,  see  C.  S.  660  and  746. 

*  Sir  F.  Pollock  who  kindly  called  the  writer's  attention  to  this  interesting  variation  in 
the  year  1896. 


The  Aftg/o-Saxon  Charters  199 

a  scribe  who  had  crossed  the  Alps  and  whose  impressions  of  the 
journey  have  given  an  unusually  realistic  touch  to  this  conventional 
clause.  Curiously  enough  the  use  of  this  formula  is  confined  to  a 
period  of  ten  years  between  937  and  947 \  and  would  appear  to  have 
been  affected  by  a  small  group  of  religious  houses-  which  may  have 
had  a  special  interest  in  a  legend  of  the  Alps'. 

Returning  to  the  Protocols  of  the  charters  of  this  reign,  the  style 
of  the  royal  Superscription  and  Subscription  will  be  found  con- 
sistently preserved  in  the  linked  charter-formulas  analysed  in  an 
Appendix  and,  speaking  generally,  the  Superscription  of  this  king 
should  contain,  in  addition  to  the  title  rex  Anglortini,  a  reference  to 
the  royal  sway  over  these  islands.  This  style  is  commonly  repeated 
in  the  Subscription  with  the  addition  of  the  conventional  words  which 
denote  the  apposition  of  the  Sigmim  Cruets. 

At  the  same  time  it  will  be  seen  from  the  analysis  given  in  the 
Appendix  that  a  large  margin  must  be  left  for  the  individual  taste  of 
the  casual  composer,  the  royal  title  being  often  given  in  such  an 
archaic  form  as  ^thelstanus  rex,  or  rex  Anglorum,  or  even  Angiil- 
Saxonum. 

The  Subscriptions  of  the  witnesses  at  large  show  a  distinct 
advance  in  respect  of  uniformity,  the  usual  formula  being  Ego  A. 
consensi  et  subscripsi.  There  are  a  few  slight  flourishes  in  the  signa- 
tures of  the  bishops.  The  signature  of  the  primate  is  frequently 
distinguished  by  the  formula  Cum  trophaeo  agyae  cruets  consignavi, 
whilst  the  characteristic  signature  of  the  bishop  of  Winchester  is  still 
more  striking. 

The  Dating  clause  affords  one  more  evidence  of  the  precision  of 
these  linked  formulas.  Thus  a  charter  of  yEthelstan  which  begins  with 
the  Preamble  FlebiliafortiterdetestandaoxFortiinafallentis  saeculi  will 
have  a  Dating  clause  beginning  Hnjus  namque;  whilst  a  charter  be- 
ginning with  Neminem  quippeox  Egregitis  agonista  will  commence  the 
Dating  clause  with  Acta  est.     In  other  cases  we  find  the  usual  order 


>  C.  S.  714,  7i8,  734,  741,  753,  756,  757,  759,  767,  781,  783,  813,  8ai,  the  majority  of 
which  l)elong  to  the  reign  of  Edmund. 

■■'  Christchurch  (Canterbury),  Winchester,  Bath,  Wilton,  and  later  copyists  (proliably)  at 
Shaftesbury,  Wells,  Malmesbury  and  Abingdon. 

*  That  the  dangers  of  this  mediaeval  journey  were  impressive  may  be  gathered  from  the 
weiril  legend  preservetl  by  William  of  Malmesbury  {Gtsta  Pontificunty  15)  which  relates  how 
the  curse  of  Archbishop  Odo  overtook  .I'llfsige,  Bishop  of  Winchester,  in  the  frozen  passes  of 
the  Alps.  Still  more  significant  is  the  passage  in  which  John  of  Salisbury  writing  from  the 
Great  St  Bernard  prays  to  W  released  from  "  this  place  of  torment "  (of.  .Stubl>s,  Oxford 
Lectures,  p.  n8). 


200  The  Anglo-Saxon  Charters 

of  the  formulas  reversed  and  the  charter  begins  Anno  Dominicae 
incarnationis^,  &c. 

It  was  not  to  be  expected  that  a  series  of  elegant  formulas  should 
begin  and  end  with  the  reign  of  yEthelstan.  Some  of  these,  especially 
the  forms  of  the  Invocation,  can  be  traced  back  to  the  reign  of  vElfred 
or  even  earlier,  whilst  others  again  recur  in  the  charters  of  this  king's 
immediate  successors^.  In  some  respects,  indeed,  it  might  be  held  that 
in  the  reigns  of  Eadmund,  Eadred  and  Eadwy  the  Old  English 
diplomata  reach  their  highest  state  of  natural  development.  That  is 
to  say,  there  is,  all  things  considered,  evidence  of  greater  originality 
and  resourcefulness  than  we  can  find  in  the  more  artificial  and 
irregular  forms  of  the  later  Anglo-Saxon  monarchy.  In  proof  of  this 
it  would  be  found  that  the  scribes  of  the  later  period  have  constant 
recourse  to  the  conventional  formulas  of  earlier  dictators,  unless  these 
manifest  revivals  are  to  be  attributed  to  the  deliberate  imitations  of 
unscrupulous  fabricators. 

The  formulas  of  Eadmund  are  particularly  interesting.  The  style 
of  the  Superscriptions  and  Subscriptions  of  this  king  resemble  those 
of  ^thelstan,  and  there  is,  of  course,  little  change  to  be  noticed  in  the 
phraseology  of  the  Invocation,  Grant,  Sanction*  and  Date.  On  the 
whole  there  is  a  larger  proportion  of  Invocations,  and  many  distinc- 
tive Preambles  are  preceded  by  Regnante,  In  nomine,  or  some  such 
formula^.  With  these  we  have  a  recurrence  of  older  formulas,  which 
indeed  reappear  at  intervals  down  to  the  reign  of  the  Confessor^ 

The  charters  of  Eadred  are  also  characterized  by  mingled  grace 
and  simplicity  and  a  characteristic  formula  of  Subscription  appears 
as  indeclinabiliter  subscripsi.  In  one  case,  at  least,  we  meet  with 
a  charter  modelled  on  the  Continental  system,  and  this  must  neces- 
sarily be  regarded  with  suspicion". 

Under  Eadwy  the  conventional  Preambles,  which  have  already 
undergone  several  modifications',  are  conspicuously  florid.  The 
Superscription  of  this  king  also  affects  the  imperial  style  which  is 
such  a  noticeable  feature  of  the  diplomata  of  this  later  periods 

The  reign  of  Eadgar  furnishes  nearly  300  diplomata  of  one  sort 
or   another,   and    these   present    us   with    a   considerable   variety   of 

^  See  Appendix.  ^  Cf.  Crawford  Charters,  p.  in. 

*  It  is  noticeable  that  Ananias  and  Sapphira  are  frequently  introduced  in  the  place  of  Judas. 

*  Cf.  C.  S.  749,  791,  796,  808.     For  exceptions  to  this  practice,  cf.  C.  S.  763,  768,  770, 
776,  786. 

«  Cf.  C.  S.  752,  798,  814,  817.  «  C.  S.  860, 

7  Cf.  C.  S.  867,  868,  901,  955,  964,  982,  986,  1031. 

*  He  is  also  described  as  indiistrius  Rex  (or  Basileus). 


The  Anglo-Saxon  Charters  201 

formulas,  though  the  general  character  of  the  period  is  still  a  con- 
servative one'.  The  Preambles,  however,  are  of  a  didactic  and 
Scriptural  type.  In  the  royal  style  Dei  gratia  occurs,  usually,  in 
forgeries  of  Westminster  and  Croyland.  A  typical  Attesting  clause 
has  been  noted  in  conjunction  with  appropriate  formulas^ 

With  few  exceptions  the  same  remarks  might  apply  to  the 
examples  'of  the  fourth  period  of  Old  English  diplomatic  writings, 
which  extends  from  the  invasion  of  Cnut  to  the  Norman  Conquest. 
So  far  as  the  regular  diplomata  of  this  period  are  concerned,  beyond 
the  final  evolution  of  the  royal  style*,  there  is  very  little  variation  in 
the  now  stereotyped  formulas,  the  old  familiar  Invocations  and  Pre- 
ambles recurring  with  monotonous  regularity*  as  though  the  scribes  of 
this  later  age  suffered  from  poverty  of  invention. 

At  the  same  time  we  must  date  from  the  beginning  of  this  period 
the  rapid  development  of  a  novel  method  of  diplomatic  composition 
which  was  destined  to  supersede  entirely  the  typical  forms  of  the  Old 
English  charter  in  the  course  of  the  following  century.  At  least  as 
early  as  the  reign  of  Eadgar  we  begin  to  notice  the  presence  of  a  new 
class  of  diplomatic  instruments  in  the  pages  of  our  Codex.  These 
diplomata  are  written  entirely  in  the  Old  English  character  and 
language.  Not  only  so,  but  they  include  during  the  nth  century 
a  class  of  instruments  composed  in  a  style  that  is  totally  distinct  from 
that  of  the  Latin  charters  of  the  period,  a  style  so  precise  and  so  well 
adapted  to  the  growing  requirements  of  the  kingly  state,  that  it 
survived  the  Conquest  itself  and  forms  the  basis  of  the  royal  writ 
which  has  been  continuously  employed  down  to  our  own  time. 

The  importance  of  the  above  innovation  will  be  easily  recognized ; 
but  the  fact  is  one  that  may  .seem  to  stand  in  need  of  something  more 
than  mere  assertion.  Stated  in  the  briefest  possible  way  the  case  is 
this,  that  the  Old  English  writ  is  found  to  contain  the  elements,  at 
lea.st,  of  a  Superscription,  Address,  Salutation,  Notification,  Exposi- 
tion, Disposition,  Date  and  Attestation.  Thus  it  is  seen  to  approach 
more  closely  to  the  Continental  type  than  the  insular  Latin  charter. 
In  fact  we  have  here  an  epistolary  style  represented  by  certain 
formulas*  which  have  not  hitherto  been  observed  in  the  native  diplo- 


'  Cf.  C.  S.  1074,  IJ59,  i377i  i.^n- 

'  By  the  editors  of  the  Crawford  Charters  (p.  117).  The  formulii  is  as  follows:  Scripta 
tit  huj'iis  donatiouis  singrapha,  hits  testibus  consmtientihus,  quortim  in/erius  nomina 
caraxantur. 

"  Cf.   C.  D.  DCCLXXIV,  DCCLXXXIII,  DCCXCH,  DCCXCVI,  &C. 

*  i.e.  the  Address,  Salutation,  Notification  and  Valediction. 


202  The  Anglo-Saxon  Charters 

mata,  whilst  other  formulas\  which  are  especially  characteristic  of 
the  latter  instruments,  are  suppressed  or  greatly  modified. 

That  is  to  say,  whilst  the  Invocation  and  Preamble  are  omitted, 
the  Exposition  and  Disposition  develop  new  and  distinct  formulas 
with  a  tendency,  in  the  case  of  the  latter,  towards  the  insertion  of 
final  clauses  after  the  Continental  fashion.  Finally,  it  may  be 
observed  that  the  scope  and  purpose  of  the  writ  itself  are  conducive 
to  that  brevity  and  precision  which  are  associated  with  the  native 
post-Conquest  formulas. 

In  the  vernacular  instruments  to  which  we  have  referred  it  will  be 
found  that  the  Superscription  hitherto  remarkable  for  its  dififuseness 
is  the  simplest  and  the  most  consistent  of  all  these  formulas.  It 
comprises  the  royal  style  in  the  words  Ic  A.  cynige,  or,  merely, 
A.  cynige,  and  no  more.  As  no  Subscriptions  are  appended  to  the 
Old  English  writ,  this  formula  may  be  regarded  as  an  anticipation  of 
the  brevity  of  the  later  official  style  employed  on  like  occasions. 
Whether  we  should  go  a  step  further  and  assume  that  this  informality 
of  style  and  neglect  of  an  official  Subscription  may  be  explained,  in 
this  case,  by  the  use  of  a  royal  seal,  is  one  of  those  vexed  questions 
which  we  have  already  learnt  to  expect  in  the  study  of  Old  English 
diplomatal 

The  Superscription  of  this  writ  is  followed  by  an  Address,  a 
clause  which  is  now  found  for  the  first  time.  Its  usual  form  is  that  of 
a  particular  or  local  and  not  a  general  address^  The  persons  usually 
addressed  are  the  Bishop  or  Earl,  or  both,  together  with  all  the  King's 
thegns  within  a  certain  shire  ;  in  fact  all  the  officials  of  the  County 
Court.  In  some  well-known  cases  the  Address  includes  the  officers 
in  every  shire  in  which  the  beneficiary  has  lands.  This  Address, 
therefore,  unlike  the  Superscription,  is  not  merely  conventional.  On 
the  other  hand,  the  Salutation  and  Notification,  which  follow  it, 
consist  of  stereotyped  phrases,  interesting  only  on  account  of  their 
exact  correspondence  with  the  parallel  formulas  of  the  later  Anglo- 
Norman  writ^. 

The  Exposition  which  should  introduce  the  Text  of  the  instru- 
ment is  seldom  clearly  marked.  Even  in  the  regular  Latin  diploma 
of  the  period,  as  we  have  seen,  its  presence  is  obscure,  and  in  a  writ 

^  i.e.  the  Invocation,  Preamble,  Disposition  and  Sanction. 
^  See  above,  p.  i68  sq. 

*  A  general  or  universal  Address  is  sometimes  found  but  this,  especially  when  directed 
to  the  arch-bishops,  bishops,  abbots,  earls,  sheriffs,  port  reeves  and  household  officers,  may 
be  regarded  with  suspicion. 

*  See  below,  p.  219. 


The  Anglo-Saxon  Charters  203 

there  is  obviously  less  need  or  scope  for  a  recitation  or  narrative.  At 
the  same  time  we  may  regard  this  rudimentary  clause  as  the  precursor 
of  the  well-known  Movent  clause  of  the  post-Conquest  writ.  Here 
it  is  usually  an  expression  of  the  royal  will,  revealing  a  benevolent  or 
pious  motived  More  rarely  an  actual  recital  or  narrative  is  given  of 
the  circumstances  which  immediately  led  to  the  issue  of  the  present 
instrument,  or  a  former  donative  or  conveyance  is  recited  by  way 
of  certification. 

The  Dispositive  clause  which  represents  the  Grant  of  the  regular 
diploma  is  at  once  the  most  characteristic  and  the  least  regular  of 
any  other  portion  of  the  Old  English  writ.  In  a  majority  of  cases  it 
must  be  regarded  as  a  precept  confirming  or  completing  the  privi- 
leges or  possessions  already  conveyed  by  a  former  grant.  In  other 
cases,  however,  these  are  actually  granted  or  conveyed  by  the  writ 
itself,  though  whether  such  instruments  (like  those  of  a  later  period) 
should  be  designated  as  writs  or  as  charters,  or  whether  they  are 
in  all  cases  genuine,  are  questions  which  are  deserving  of  some 
consideration. 

The  Dispositive  clause,  then,  in  the  typical  Old  English  writ  takes 
the  form  of  a  declaration  or  precept  which  is  usually  expressed  in  one 
or  other  of  two  very  similar  forms.  The  first  of  these  follows  a  brief 
Notification,  closely  resembling  that  of  later  times,  stating  that  the 
King,  from  certain  motives,  has  granted  or  confirmed  the  following 
parcels  or  privileges  ;  to  which  is  usually  added,  by  way  of  a  Final 
clause,  a  Prohibition,  intimating  that  nothing  will  be  permitted  to 
prejudice  the  benefit  of  the  said  grant.  The  second  form  is  that  of  a 
mere  precept  for  securing  peaceful  possession  of  a  privilege  or  property 
without  any  statement  of  a  grant.  Each  of  these  variations  furnishes 
distinct  formulas.  In  the  one  case  the  usual  expression  is  ic  habbe 
geunncn,  with  certain  variant.s.  In  the  other  the  injunction  may  take 
a  greater  variety  of  forms^ 

The  description  of  the  premises  granted  or  confirmed  is  usually 
expressed  in  the  same  terms  as  those  found  in  Latin  charters  of  the 

'  e.g.  For  mynre  sawle  &"  for  ealre  mynra  maga  and  for  aelrt  there  Kytiga  sawle  the 
aefter  me,  &'c. 

'  A  nuniljer  of  examples  will  be  found  in  the  Codex  Diploinaticm  between  Nos. 
Dcccxxvii  and  Dcccxcvi.  Here  the  O.E.  letters  have  l)een  modernized.  Such  forms  as 
If  willt  thcut  A.  habben,  ox  friglice  habben ;  or  thaet  thai  lond  at  X.  lige  iitto  A. — ;  that 
alle  thinge  lige  into  A.—  ;  thaet  the  Sokne  lige  into  A.—  ;  thaet  A.  werie  now  hiss  lond—; 
thaet  A.  beo  his  landes  wrihe ;  or  his  saca  wrthe  and  his  soina  are  commonly  found.  The 
Injunctive  or  Prohibitive  clauses  referretl  to  will  be  easily  recogni/.e<l  by  the  respective 
introits  And  /<•  xville;  And  ic  bidde,  or  And  ir  nella;  And  ic  wille  nam,  &•<. 


204  The  Anglo-Saxon  Charters 

period.  In  some  cases  this  description  is  contained  in  the  recital  .of 
a  former  grant  or  convention  and,  as  in  the  case  of  the  post-Conquest 
writ-charter,  we  constantly  find  that  the  conditions  of  the  Grant  are 
specified  or  its  provisions  amplified  in  a  final  clause  which  furnishes 
several  persistent  and  instructive  formulas.  One  of  these,  which 
might  be  called  the  Mid  saca  mid  mid  socna  clause,  sets  forth  the 
special  liberties  or  jurisdiction  appertaining  to  the  premises  in  an 
alliterative  jingled  This  clause  is  frequently  rounded  off,  like  the 
general  Dispositive  clause,  by  a  compendious  phrase  which  has  its 
equivalent  in  the  post-Conquest  diplomata^  The  other  clause,  which 
might  be  called  the  Siva  fid  and  swa  forth  clause,  contains  a  specifi- 
cation of  title  which  again  exactly  corresponds  to  the  familiar  Ita — 
JzV^/ clause  of  12th  century  Grants  and  Confirmations^  The  second 
swa  (answering  to  sicuf)  is  followed  by  the  example,  which  may  be 
either  personal  or  impersonal ^  In  several  cases  a  secondary  clause 
follows  in  which  szva — swa  is  repeated  with  a  further  example. 

In  addition  to  the  above  regular  formulas  there  are  several  isolated 
phra.ses  that  are  characteristic  of  these  Old  English  writs.  For 
instance,  we  can  recognize,  in  several  cases,  the  equivalent  of  the 
Latin  Sanction'.  Again,  the  place  of  this  modified  Sanction  may  be 
taken  by  a  pious  ejaculation  (reminding  us  of  the  Continental  Appre- 
catio)  or  even  by  a  simple  valediction".  • 

More  rarely  some  traces  of  Dating  and  Attesting  clauses  are 
found" ;  but  these  are  usually  associated  with  Old  English  versions  of 
regular  diplomata. 

The  question  will  naturally  be  asked,  "  Whence  is  this  Old  English 
royal  writ  derived?"  It  appears  suddenly  in  the  Codex  side  by  side 
with  the  formal  charters  to  which  it  bears  no  resemblance  either  in 
structure  or  in  phraseology.  Clearly  then  it  is  not  evolved  from  the 
native  Latin  diplomata.  Again,  in  spite  of  its  general  diplomatic 
affinities  with  the  Continental  diploma,  the  original  of  the  Old  English 

^  Mid  scua  S^  mid  socna,  mid  toll  dr"  mid  learn  and  mid  infangene  thof,  &c. ;  On  wode 
cr'  on  /aide ;  bi  strande  &^  bi  lande,  iSrV.  This  clause  is  reproduced  in  post-Conquest 
charters. 

*  One  form  is  found  as  mid  alle  thare  thittgan  thaet  tharto  harth  (or  belempneth)  and  the 
other  as  And  on  alle  (pthere)  thingan. 

^  Ita plene,  ^fc.  sicut  A.  plenins,  dr=r.  In  some  cases  the  formula  runs  swa  ful  &=  swa 
forth  Cs"  swa  fre,  swa,  &^c. 

*  e.g.  swa  hit  mesilfen  formest  on  hande  stod ;  swa  lange  swa  heo  libbe,  swa  ani  man 
firmest  hauede. 

^  And gif  anig  man,  &fc. 

*  Cf.  Be  godes  bletsunge^Be  Codes  leve  and  be  mine — God  eow  alle  gehealde,  and  gif e  eow 
ece  salthe,  Amen  ! 

"^  Cf.   This...waes gemaced aet  Windlesoren  on  feo7-the  Easter  daeg  on — gewitnysse. 


The  Anglo-Saxon  Charters  205 

writ  cannot  be  traced  in  any  foreign  chancery.  It  is  true  that  several 
of  its  most  characteristic  formulas  exactly  correspond  with  those  of 
the  later  Anglo-Norman  writ,  to  which  a  foreign  origin  is  usually 
assigned ;  but  this  is  a  coincidence  that  gives  rise  to  a  further 
problem. 

The  Old  English  royal  writ  which  has  been  described  above  is 
almost  exclusively  confined  to  the  reign  of  the  Confessor.  A  few 
isolated  examples  of  earlier  date  may,  however,  be  found  extending 
back  to  the  reign  of  vEthelred,  but  these  are  either  mere  narratives  or 
apographs  of  a  somewhat  later  date'.  In  addition  to  these  belated 
writs,  we  meet  with  certain  vernacular  versions  of  regular  Latin 
diplomata'',  but  these  cannot  be  regarded  as  independent  forms, 
being  merely  literal  and  often  unintelligent  translations.  In  other 
cases''  we  have  apparently  original  compositions,  reproducing  in  Old 
English  idioms  the  phraseology  and  formulas  of  regular  Latin  diplo- 
mata.  Here  we  may  find  an  Invocation,  followed  by  a  Superscrip- 
tion, Address,  Notification,  Grant  with  Boundaries,  Sanction,  Date 
and  Attestation*. 

Again,  there  is  still  another  class  of  vernacular  diplomata  in  the 
form  of  later  English  versions  of  Old  English  texts'.  In  precisely 
the  same  degree  of  relationship  stand  the  avowed  or  obvious  Latin 
versions  of  Anglo-Saxon  charters  such  as  those  that  were  deliberately 
undertaken  by  the  monk  of  Ramsey*. 

It  may  be  possible  to  identify  the  source  of  these  vernacular 
versions  if  not  of  the  Old  English  writ  in  a  class  of  instruments  of 
which  numerous  examples  will  be  found  in  the  Codex.  These  are 
the  Old  English  conventions,  wills,  and  other  private  deeds  consti- 
tuting a  series  of  somewhat  uncouth  diplomata,  but  nevertheless 
containing,  embedded,  as  it  were,  in  their  diffuse  narrations,  most  of 
the  essential  formulas  of  the  Old  English  writ.  A  large  proportion 
of  these  irregular  feoffments  is  included  under  the  general  appellation 
of  "  Anglo-Saxon  Wills."     Indeed  the  earliest  specimens  that  have 

*  Cf.  the  interesting  form  contained  in  a  Clirist-Church  "land-lnjc"  of  the  time  of  Harold 
Haranfot  (C.  D.  nccLVill).  Here  the  King's  writ  is  recited  in  the  Ixxly  of  the  docu- 
ment. 

"  Cf.  C.  D.  UCCCLin,  MCCCXl-l.  But  we  even  find  an  old  English  version  of  a  Papal 
Bull  of  the  7th  century  (C  S.  48),  In-'sides  merely  farcical  versions  of  nth  century  charters 
and  13th  century  Letters  Missive. 

'   C.  D.   DCCCXLIV,  DCCCXCVi. 

^  The  inclusion  of  an  Address  and  Notification  may  indicate  a  Continental  dictator. 

"  Haec  est  translatio  cartae  Regis  Edwardi  in  lingua  Saxonica,  translata  in  linguam 
Anglicanam  (C.  D.  Dccci-xvii). 

*  ChroH.  de  Rameseia  (Rolls),  p.  161,  and  Excheq.  K.  R.  Transcripts  of  Deeds  Various. 


2o6  The  Anglo-Saxon  Charters 

survived,  extending  back  far  into  the  9th  century^,  are  undoubtedly 
of  this  nature,  although  the  distinction  in  point  of  diplomatic  con- 
struction between  these  so-called  "  wills  "  and  other  vernacular  con- 
veyances or  conventions,  including  manumissions,  is  hardly  noticeable^ 
The  further  circumstance  that  practically  all  these  are  private  and 
not  royal  instruments  is  of  small  moment,  since  in  many  cases  they 
are  stated  to  be  executed  with  the  sanction  of  the  King  or  Witan,  and 
in  any  case  the  diplomatic  method  which  they  disclose  would  have 
been  available  for  the  composition  of  royal  instruments  in  the  verna- 
cular style'*, 

A  careful  examination  of  these  primitive  deeds  will  present  us 
with  the  following  rudimentary  formulas.  There  is  a  conventional 
Invocation*,  which,  however,  is  frequently  dispensed  with,  and  a  very 
concise  Superscription'',  which  may  be  used  in  direct  or  oblique* 
oration.  A  Notification"  is  chiefly  found  in  narrative  forms  and  is 
frequently  used,  as  in  post-Conquest  deeds,  for  an  opening  sentence*. 
The  Address  is  not  clearly  marked,  with  the  like  analogy*.  There  is 
a  conventional  Exposition^"  which  is  often  repeated  in  the  later  clauses. 
The  essential  portion  of  these  instruments  is  the  Dispositive  clause, 
to  which  Injunctive  or  Prohibitive  clauses  are  frequently  added". 
There  is  also  the  well-known  clause  of  Reservation,  which  is  a 
characteristic  condition  of  the  post-obit  feoffment,  namely  a  specified 
term  of  enjoyment  with  reversion  to  the  donor's  residuary  estate^^ 
The  Sanction  is  more  or  less  curtailed,  but  is  practically  a  version 
of  the  conventional  Latin  form^^  Finally,  there  is  in  some  cases  a 
formal  Dating  clause  and  the  Subscriptions  of  the  witnesses  are  care- 
fully indicated",  whilst  there  is  sometimes  a  personal  attestation ^^ 

I  Cf.  CD.  cccxvn,  CCCXXVII,  CCCXXVIII, cccxxxix,  ccccxxix,  cccclxxvii, CCCCXCII, 

DCLXXV,  DCLXXVI,  DCLXXX,  DCLXXXI.  Cf.  C.  B.  DCLXXXV,  DCXCIII,  DCXCIV,  DCXCIX, 
DCCIV,    DCCVIII,    DCCXVII,    DCCXXII,    DCCLXXXVIII,    MCLXXIII,    MCCLXXXVHI,    MCCCII. 

^  Cf.   C.  S.  330,  405,  412,  &c. 
'^  Cf.  above,  p.  175  sq. 

*  In  asses  Drihtnes  naman  haelendes  Cristes. 

^  Ic  A.  mid  Codes gaefe,  &•€.  «  Her  Swtitelath,  iSr'c.  thaet  A.  &=€. 

^  Ic  cythe.  '^  Her  cyth  on  thistiin  gewrite  thaet,  6-v. 

*  Cf.  Notum  sit  iiniversis  per presentes,  ^c. 

^^  God  to  lofe  and  minre  sank  to  alysednysse,  &=€. 

II  Ic  wille  thaet,  ^c.  ne  thafige  thaet,  &^c. 

12  This  is  prominent  in  the  deeds  preserved  by  the  churches  of  Christ  Church  and 
Worcester. 

1*  Gie/  hwa...hit  abrecan.. .butan  he gecyre  ;   God aelinihtig  hire  awende.. .the  this  awende. 

^*  Thes  is  to gewitnesse,  &"£.:  This  is  seo  hondsieten,  &=(. 

1*  A.  mid  minre  agenre  hande,  ^c. . .  gefastnie.  Mention  of  the  presence  or  consent  of  the 
King  and  Witan  is  also  occasionally  found. 


The  Anglo-Saxon  Charters  207 

At  the  same  time  it  will  be  observed  that  the  above  Old  English 
formulas  are  practically  versions  of  those  found  in  conventional  Latin 
charters,  and  as  such  they  differ  materially  from  the  royal  writ  which 
has  discarded  certain  familiar  formulas  and  evolved  others  from  some 
unknown  source.  We  certainly  do  not  find  amongst  the  existing 
diplomata  of  the  9th  and  loth  centuries  any  close  or  persistent 
resemblance  to  the  characteristic  formulas  of  the  Edwardian  verna- 
cular writ,  nevertheless  we  should  perhaps  attribute  considerable 
importance  to  the  early  prominence  of  the  Notification  and  to  the 
injunctive  tendency  of  the  Dispositive  clause  in  the  Old  English  con- 
ventions referred  to  above.  There  is  also  the  alternative  solution  that 
this  Old  English  royal  writ  is  derived  from  epistolary  and  not  from 
diplomatic  models,  whilst,  as  we  have  seen,  the  authenticity  of  the 
whole  class  is  a  subject  for  serious  consideration. 


ANGLO-NORMAN    CHARTERS   AND   WRITS. 


(a)     Anglo-Saxon  Survivals. 

It  will  be  evident  from  an  examination  of  the  formulas  of  the  later 
Old  English  diplomata  that  the  turning  point  in  the  evolution  of  the 
charter  may  be  assigned  to  a  date  previous  to  the  Conquest  itself 
We  have  seen  that  from  the  close  of  the  loth  century  the  Latin 
"  land-boc  "  had  begun  to  give  place  to  the  vernacular  "  writ."  This 
Old  English  writ  served  as  a  model  for  the  post-Conquest  writ,  from 
which  in  turn  the  true  post-Conquest  charter  was  evolved.  In  that 
transitional  instrument  more  ample  diplomatic  formulas  were  grafted 
on  to  the  vigorous  stem  of  the  native  writ\  Long  before  the  close  of 
the  1 2th  century  this  hybrid  growth  had  superseded  the  older  stock 
of  native  charters,  and  in  the  substituted  style  of  "  Letters  Patent "  it 
has  survived  to  our  own  times.  , 

Assuming  that  the  diplomatic  construction  of  the  post-Conquest 
writ  is  practically  identical  with  that  of  the  pre-Conquest  "  gewritte," 
we  are  naturally  tempted  to  surmize  that  the  former  is  practically 
a  version  of  the  latter  from  a  diplomatic  point  of  view.  In  the 
first  place  it  has  been  suggested  that  this  Anglo-Norman  writ, 
which  obviously  reproduces  the  essential  features  of  its  Old  English 
precursor,  has  no  exact  parallel  in  the  Continental  chanceries  before 
the  beginning  of  the  12th  century  I  Therefore,  unless  earlier  Conti- 
nental forms  once  existed,  or  unless  practically  the  whole  of  these 
Old  English  types  are  fictitious  versions  of  a  later  date,  the  above 
conclusion  would  seem  to  be  inevitable.  And  yet  it  can  scarcely  be 
denied  that  the  Old  English  formulas  might  be  ultimately  traced  to 
an  external  source^,  and  it  would  perhaps  be  more  correct  to  assert 
that  the  originality  of  the  Old  English  writ  chiefly  depends  on  the 
view  that  the  existing  formulas  were  easily  adapted  to  a  new  type  of 
diplomatic  composition*. 

1  Cf.  W.  H.  Stevenson  in  E.  H.  R.  Xi.  733.  ^  Above,  p.  204. 

'  Cf.  Brunner,  Schwurgericht,  76 — 84,  as  to  the  analogy  of  the  Frankisii  Indictduni. 

■*  It  will  be  seen  later  that  no  less  dexterity  was  displayed  by  later  mediaeval  and  even  by 
post-mediaeval  clerks  in  evolving  idiomatic  formulas  in  the  vernacular  from  instruments  under 
the  Smaller  Seals. 


Anglo-Norman  Charters  and  Writs  209 

It  might  indeed  be  possible,  at  the  expense  of  some  ingenuity,  to 
advance  a  fairly  plausible  argument  in  favour  of  another  theory  of 
diplomatic  construction,  whereby  the  Old  English  writ  would  seem 
to  be  the  vernacular  version  of  a  post- Conquest  Latin  form.  For  the 
mere  possibility  of  this  suggestion  we  have  to  thank  the  industrious 
forgers  of  the  church  of  Westminster  and  their  followers  at  St  Paul's 
and  St  Edmund's  ;  but  apart  from  the  suspicions  that  might  attach 
to  the  specimens  preserved  in  these  collections,  the  originating  in- 
fluence of  the  Old  English  writ  could  be  maintained  by  other 
arguments. 

It  is  significant  that  the  earliest  suryiving  specimens  of  the  Anglo- 
Norman  writ  are  couched  in  the  vernacular  and  reproduce  the  con- 
ventional forms  of  the  Old  English  Scriptorium.  It  is  true  that 
bilingual  instruments  exist  at  an  early  date,  which  have  been  regarded 
either  as  English  or  Latin  versions  according  to  individual  opinion\ 
It  is  also  true  that  Latin  writs  of  the  earlier  years  of  the  Conqueror's 
reign  have  been  preserved  in  various  cartularies";  but  the  existence 
of  such  forms  merely  affects  the  question  of  the  date  at  which  the 
typical  post-Conquest  writ  in  its  new  official  Latin  garb  superseded 
the  vernacular  form,  which  unquestionably  prevailed  before  and  at  the 
Conquest.  Even  the  authenticity  of  these  early  Latin  forms  (which 
for  the  most  part  should  be  accepted  with  the  utmost  caution)  does 
not  afifect  the  issue  ;  for,  whether  they  are  genuine  or  not,  the  proba- 
bility of  the  change  of  style  having  been  effected  within  a  measurable 
period  is  sufficiently  obvious. 

The  difficulty  which  exists  in  identifying  the  exact  process  of  this 
official  conversion  has  been  perhaps  increased  by  the  reckless  produc- 
tion of  "  versions "  by  interested  parties^  Herein,  doubtless  the 
motive  of  the  monkish  scribe  was  identical  with  that  of  the  royal 
clerk,  but  whereas  the  versions  of  Old  English  writs  made  to  order  by 
the  former  are  usually  quite  unintelligent,  those  which  are  derived 
from  the  royal  chancery  present  us  with  what  was  practically  a  new 
type  of  diplomatic  composition.  It  would  seem  indeed  that  an 
idiomatic   Latin   version   of  an    Old   English  writ  was  beyond  the 

'  Cf.  F.  l^iebermann  as  to  a  bilingual  ordinance  of  this  period  in  Athfturuni,  i  Sept.  1893. 

'  Few  if  any  of  these  have  survived  in  their  original  form.  The  monastic  collections 
which  include  the  charters  of  Gloucester,  Fly,  Ramsey,  Abingdon,  Rochester,  Worcester, 
St  Albans,  St  Augustine's,  &c.  are  well  known.  The  official  enrolments  are  partially 
described  in  the  i^th  Report  of  the  Deputy  Keeper. 

*  Quae  etiam  nostra  tisitata  sermonatione  descrihi  maHdavimtis...quo  possint  in  auribus 
vulgi  sonare,  ne  alit/ua  scrupulositate,  &c.  writes  the  Ely  fabricator  of  an  Old  English 
charter  in  Latin  with  a  13th  century  version  appended. 

H.  14 


2  lo  Anglo-Norman  Charters  and  Writs 

powers  of  an  untrained  scribe',  though  less  difficulty  was  experienced 
in  the  production  of  a  tolerable  English  version  of  a  Latin  original. 
When  we  meet  with  such  phrases  as  Sahitat  amicabiliter  for  gret' 
freondlice,  Ego  demonstro  vobis  for  Ic  cythe  eow,  and  Domimis  vos 
conservet  for  God  eow  gehealde,  we  know  without  further  inspection 
that  we  have  to  do  with  a  I2th  or  13th  century  version,  home-made, 
of  an  "  Old  English "  writ.  But  when  the  same  instrument  was 
used  as  a  model  by  the  royal  chaplains,  the  ancient  practice  of  the 
Continental  chanceries  supplied  technical  equivalents  for  the  familiar 
phrases  of  the  vernacular.  Salutem  and  sciatis  remained  in  fashion 
when  Lancastrian  clerks  were  ringing  the  changes  on  the  Old  English 
formulas  with  "we  greet  you  heartily"^  or  "we  let  you  wit."  In  some 
cases,  however,  the  official  scribe  avoided  linguistic  difficulties  by  the 
simple  device  of  omission  ;  whilst  in  the  case  of  the  writ  itself  he 
imported  the  Dating  clause  of  the  regular  diploma  to  take  the  place 
of  the  Old  English  epistolary  valediction  ^ 

A  further  difficulty  which  besets  the  study  of  the  origin  of  the 
post-Conquest  diplomata  is  due  to  the  prevailing  and  long  standing 
confusion  between  the  charter  and  the  writ.  It  is  well-known  that 
the  Old  English  charter  survived  the  Conquest,  like  the  Old  English 
writ,  and  may  equally  be  regarded  as  an  approved  official  instrument 
during  a  certain  period,  which  is  also  not  very  clearly  defined. 
Certainly  there  is  nothing  improbable  in  this  survival,  which  was 
assisted  by  political  expediency.  It  is,  however,  unfortunate  that 
nearly  all  the  existing  examples  of  this  archaic  type  are  suspicious 
in  themselves,  many  being  forgeries  of  a  grotesque  kind.  Especially 
must  we  be  on  our  guard  when  even,  in  otherwise  irreproachable 
forms,  a  clause  announcing  sealing  is  introduced,  though  no  seal  is 
affixed. 

However,  these   misgivings    as    to   the    credibility   of  individual 

'  The  Ramsey  historian,  however,  explains  that  the  vernacular  charters  to  his  church 
have  been  "idiomatically"  rendered  by  him  from  English  into  Latin.  This  is  probably  a 
deliberate  misstatement.  ^ 

*  It  is  noticeable  that  the  French  versions  which  Vi'ere  especially  in  favour  during  this 
later  period  show  a  decided  tendency  to  follow  the  vernacular  rather  than  the  Latin  idioms. 
Thus  we  have  nous  vous  saluons  souvent  as  the  equivalent  of  "  we  greet  you  heartily." 

^  It  would  seem  that  continental  clerks,  even  in  Normandy  itself,  were  quite  incapable  of 
an  intelligent  version  of  Old  English  forms.  A  typical  effort  of  this  description  dated  at 
Rouen  in  ii  19  is  preserved  in  the  Colchester  cartulary.  Here  we  have  a  Preamble  followed 
by  a  Superscription  and  Exposition  introduced  by  the  O.E.  tag  Horum  nainque  exeinplo. 
The  Dispositive  clause  is  succeeded  by  elaborate  Final  clauses,  including  penal  and  promissory 
clauses,  with  an  O.E.  Sanction  added.  A  formal  Appreciation,  Deo  gratias  solenmiter  et 
feliciter,  follows  the  date  (which  is  glossed  as  the  year  of  the  Prince's  marriage)  and  the 
Charter  is  subscribed  with  crosses  by  the  distinguished  witnesses. 


Anglo-Norman  Charters  and  Writs  211 

specimens  need  not  deter  us  from  accepting  this  type  of  instrument 
as  one  of  the  earHest  (if  not  the  very  first)  in  use  after  the  Conquest. 
Its  devolution  far  into  the  I2th  century  may  be  (perhaps  charitably) 
explained  by  the  same  political  motive ;  neither  need  we  gaze  in 
dismay  at  the  gilded  crosses,  wondrous  seals  and  still  more  singular 
subscriptions  with  which  certain  of  these  charters  are  embellished,  for 
the  Norman  chancery  itself  appears  to  have  admitted  a  dual  form  of 
execution^ 

The  real  importance  of  the  survival  of  the  Old  English  "land-boc" 
in  the  post-Conquest  period  lies  in  another  circumstance.  This  instru- 
ment, composed  in  the  "  grand  style  "  of  the  continental  chanceries, 
though  without  their  diplomatic  excrescences  and  notarial  accessaries, 
provided,  as  we  have  seen,  the  ceremonial  formulas  which,  when  added 
to  the  diplomatic  outline  of  the  Anglo-Norman  writ,  furnished  the 
1 2th  century  chancery  with  a  "new-model"  charter.  It  might  of 
course  be  argued  that  these  later  formulas  could  have  been  imported 
direct  from  the  continent.  On  the  other  hand,  the  absence  of 
notarial  indications  and  the  analogy  of  the  evolution  of  the  writ  make 
this  supposition  unnecessary.  The  general  construction  of  the 
formulas  in  question,  the  details  of  the  royal  style,  the  appropriate 
Address,  the  circumstances  and  conditions  of  the  Movent  and  Dis- 
positive clauses  and  the  profuse  Attestation  bespeak  an  insular 
origin. 

{b)     The  Anglo-Norman  charter  and  writ. 

So  then  the  Anglo-Norman  charter  was  made,  but  no  sooner 
made  than  confounded  with  the  writ  by  antiquaries  from  the  12th 
century  to  our  own  time".  The  habit  would  appear  to  be  incorrigible, 
and  it  has  to  answer  for  many  grave  misstatements  and  misunder- 
standings. Unfortunately  the  lack  of  a  Cartularium  Angb-Normanni- 
iTttw,  and  the  further  difficulty  of  accepting  certain  doubtful  examples, 
must  leave  the  approximate  date  at  which  this  new  form  was 
introduced  in  considerable  obscurity :  at  least  it  does  not  seem  to 
have  been  in  common  use  before  the  last  years  of  the  nth  century. 
In  the  reign  of  Henry  I  it  is  in  full  vigour,  although  it  does  not 
assume  its  final  form  until  the  middle  of  the  12th  century.  It  is 
clearly  a  matter  of  much  consequence  to  ascertain,  on  the  one  hand, 

'  A  typical  form  of  these  antiquarian  forgeries  of  the  iilh  century  is  that  of  the  charter 
of  Henry  I  to  Shrewsbury  Abl)ey  (VV.  Farrer,  Early  Latuashire  Charters,  p.  171). 

^  /ireve  est,  n<m  Carta  is  an  early  gloss  which  may  be  found  in  the  inventory  prefixed  to 
the  Kanisey  Cartulary. 

14—2 


212  Anglo-Norman  Charters  and  Writs 

the  uses  to  which  the  two  new  types  of  diplomata  were  put  during 
the  century  following  the  Conquest  and,  on  the  other  hand,  the 
distinctions  that  exist  between  each  and  in  turn  between  these  and 
the  diplomatic  instruments  of  an  earlier  and  later  period. 

To  take  the  latter  distinction  first.  It  may  be  suggested  that  it 
would  appear  from  a  reference  to  a  considerable  number  of  existing 
types^  that  the  chief  distinction  between  the  post-Conquest  and  pre- 
Conquest  royal  diplomata,  irrespective  of  their  diplomatic  construction, 
lies  in  the  application  of  the  former  to  many  other  uses  than  were 
apparent  in  an  earlier  age.  In  addition  to  grants  and  demises,  the 
enjoyment  of  various  liberties  was  an  important  consideration  to  the 
later  baron  or  knight  and  the  newly  recognized  corporate  bodies ; 
whilst  for  the  serjeant  or  clerk  the  royal  benevolence  opened  up  a 
boundless  vista  of  lucrative  offices.  These  and  other  subjects  of 
diplomatic  activity  gave  rise  inevitably  to  distinctive  diplomatic 
forms.  For  example  the  newly  developed  jurisdiction  over  the  royal 
forests  produced  a  long  sequence  of  grants  of  exclusive  right  of 
warren,  grants  of  assarted  lands  and  writs  of  exemption  from  assart 
fines  or  forestal  jurisdiction  in  which  distinctive  and  consistent  forms 
are  observable  from  the  reign  of  Henry  I  to  much  later  times. 
Similarly  a  recognized  form  for  the  grant  of  a  market  or  fair  was 
differentiated  at  a  very  early  date,  while  the  special  features  presented 
by  charters  of  liberties  will  be  sufficiently  familiar. 

Again,  it  is  unnecessary  to  instance  the  multiplication  during  this 
period  of  appropriate  instruments  concerned  with  the  administration 
of  justice  and  financed  Finally,  apart  from  fresh  grants  or  special 
processes,  a  new  field  of  diplomatic  activity  and  fiscal  profit  was 
being  developed  in  the  confirmation  of  previous  concessions^  At  the 
same  time  the  diplomatic  practice  of  the  I2th  century  was  essentially 
conservative.  Herein  perhaps  it  differs  from  that  of  the  13th  in 
which  the  epistolary  type  of  composition  was  exploited  in  order  that 
fees  might  be  taken  in  the  Wardrobe  or  Privy  Chamber  as  well  as  for 
the  Hanaper^     Nevertheless  we  shall  find  that  a  species  of  Letters 

1  The  incalculable  losses  that  we  have  sustained  for  this  period  alone  have  been  well 
described  by  M.  Delisle  in  Bibl.  deP&coledes  Charles,  LXVii.  361  sq.  More  than  one  hundred 
charters  and  writs  dated  between  1066  and  1200  were  cursorily  examined  for  the  purpose 
of  the  present  essay  including  all  the  originals  (then  unpublished)  in  the  British  Museum 
and  Record  Office,  and  the  whole  series  of  enrolments  known  as  Carta  Antiquoe  and 
"Transcripts  of  Exchequer  Charters,"  in  preference  to  the  texts  preserved  in  numerous 
printed  cartularies. 

^  Cf.  Delisle,  op.  cit.  and  Eyton,  Court  and  Household  of  Henry  II passim. 

'  e.g.  under  Richard  I.  *  Cf.  below,  p.  260. 


Anglo-Norman  Charters  and  Writs  213 

Patent  was  employed  as  early  as  the  reign  of  Henry  IP,  and  we  must 
remember  that  it  is  perhaps  only  owing  to  the  misfortune  of  their 
non-survival  from  an  earlier  period  that  we  first  meet  with  so  many 
novel  record  types  in  the  opening  years  of  the  13th  century. 

The  royal  charters  and  writs  of  the  post-Conquest  period  will, 
however,  scarcely  bear  a  minute  sub-division.  A  clear  distinction 
between  the  two  types  is  after  all  the  chief  consideration,  and  this  will 
form  the  subject  of  some  subsequent  remarks.  Again,  it  is  clearly  of 
importance  to  distinguish  further  between  the  charter  containing  a 
gift  or  grant*  and  the  confirmation  of  an  earlier  charter  or  donation. 
This  distinction  is  a  very  simple  one  and  remarkably  consistent.  None 
the  less  it  has  been  commonly  overlooked  by  modern  antiquaries.  It 
will  be  seen  from  the  examples  given  in  the  Formula  Book  above  re- 
ferred to  that  the  essential  distinction  between  the  two  forms  is  contained 
in  the  Dispositive  clause.  Here  the  words  concessisse  et  dedisse  or  one  of 
them  should  be  found  in  the  case  of  a  grant,  with  a  general  reference 
to  the  nature  of  an  earlier  holding.  In  the  case  of  a  confirmation  the 
word  dedisse  is  usually  omitted  and  there  is  a  specific  reference  to  the 
former  grant  in  such  words  as  sicut — dedit  et  carta  sua  confirmavit. 

In  the  case  of  the  writ  during  this  early  period  it  would  scarcely 
be  profitable  to  attempt  a  close  identification  of  those  conventional 
forms  that  are  so  familiar  to  us  in  the  13th  century.  It  is  enough  for 
us  in  the  first  place  to  reali.se  the  fact  that  the  Breve  Regis  may  be 
distinguished  from  the  Carta  Regis  as  an  initiating  or  completing 
instrument,  which  is  effectively  employed,  usually  through  the 
machinery  of  the  County  Court,  for  every  conceivable  executive, 
administrative  or  judicial  purpose.  It  matters  little  in  the  earliest 
stage  of  its  development  whether  it  is  Patent  or  Close,  Original  or 
Judicial ;  whether  it  is  despatched  broadcast  to  procure  exact 
returns  to  a  general  inquisition,  or  directed  to  local  oflftcers  or 
ministers  of  the  crown  to  give  effect  to  a  gift  in  the  forms  adapted 
to  ensure  legal  process  or  the  redress  of  a  private  wrong.  Possibly 
before  the  Anarchy  we  might  already  distinguish  amongst  others 
such  prevalent  forms  as  the  writs  for  enquiry,  for  despatch  of 
justice  and  livery  of  seisin  and  especially  as  "writs  of  aid"  and 
execution  or  respite  of  fiscal  processes,  though  the  effort  is  scarcely 
worth  the  pains  that  it  involves.  We  may  easily  conclude  that  the 
purpose  of  the  Anglo-Norman  diplomata  was  the  same  as  that  of 

'  Cf.  below,  p.  ai8  sq. 

'  No  attempt  has  here  been  made  to  distinguish  between  these  two  forms  and  none  at 
all  l)etween  the  several  conditions  expressed  in  charters  of  feoftment. 


2r4  Anglo-Norman  Charters  and  Writs 

their  Old  English  precursors,  namely  the  concession  or  confirmation 
of  lands  or  liberties  and  the  due  discharge  of  the  respective  obligations 
of  the  crown  and  the  subjects  which  had  not  as  yet  assumed  a  very 
complex  character.  But  with  the  accession  of  the  first  Angevin  king 
we  enter  upon  a  new  phase  in  the  diplomatic  writings  of  this  country. 
Already  the  executive  writ  has  been  largely  used  to  supplement  the 
ordinary  processes  of  justice  in  the  national  Courts ^  Then  as  the 
King's  Court  draws  to  itself  special  cases,  the  possessory  assizes  of  the 
1 2th  century  begin  to  influence  the  whole  course  of  justice.  For 
new  actions  and  a  reformed  fiscal  procedure  appropriate  writs  are 
required.  The  King's  Court  and  the  Exchequer  have  their  depart- 
mental seals,  but  only  the  Chancery  can  issue  original  writs.  And  so 
they  are  issued,  in  an  ever-increasing  volume,  the  Brevia  de  cursu 
which  are  soon  beyond  the  control  of  the  successors  of  Glanvill  and 
Fitz  Nigel. 

Somewhat  strangely,  the  position  of  the  true  diplomata,  the  royal 
grants  and  confirmations,  is  found  to  be  but  little  affected  by  the 
clerical  activity  of  this  later  period.  The  charters  of  Henry  II  and 
Richard  P  differ  in  no  essential  particular  from  the  charter  issued  by 
Henry  I,  though  the  common  form  is  rapidly  becoming  as  purely 
conventional  as  that  of  the  next  century^  Perhaps  the  chief  inno- 
vation during  the  above  reigns  is  seen  in  the  growing  recognition  of  the 
usefulness  of  the  Old  English  covenant  for  political,  commercial  and 
judicial  purposes.  Herein  the  treaty  obligations  of  the  crown  were 
expressed  side  by  side  with  an  acknowledgement  of  its  private  obliga- 
tions, whilst,  shaped  upon  the  model  of  the  foreign  Tractatio,  the  "final 
concord"  ratified  by  the  King's  Court  achieved  a  permanent  success*. 

In  the  reign  of  Richard  I  the  germs  of  the  later  Letters  Patent 
and  Inspexiinus  may  be  occasionally  distinguished  in  genuine  charters, 
though  perfect  examples  of  either  style  occur  at  a  still  earlier  date 
which  may  be  regarded  as  suspicious.  More  noticeable,  however, 
than  any  such  innovation  is  the  occurrence  of  so  many  sequences  of 
the  typical  instruments  of  the  period,  illustrating  the  diplomatic 
procedure  in  individual  cases ;  the  charter  of  concession,  the  writ  of 
execution  and  the  later  Confirmation. 

1  Cf.  W.  H.  Stevenson  in  E.  H.  R.  xxi.  505. 

^  It  is  true  that  the  charters  of  Richard  I  show  a  tendency  towards  the  plural  style  and 
the  charters  are  executed  per  mantwi — cancellarii  nostri  as  in  the  next  reign. 

^  See  below,  p.  235. 

*  Cf.  the  Treaties  with  Flanders  (Foedera,  i.  6,  7,  12)  which  have,  however,  been  incorrectly 
printed  and  described.  Cf.  also  the  Lincoln  Charter  of  iioi  edited  by  Mr  W.  H.  Stevenson 
in  E.  H.  R.  XXI.  505. 


Anglo-Norman  Charters  and  Writs  215 


{c)     The  Anglo-Norman  Diplomatic  Apparatus. 

The  administrative  aspect  of  the  diplomatic  procedure  of  the 
Anglo-Norman  period  would  seem  to  imply  the  permanent  establish- 
ment of  a  royal  Chancery  with  its  usual  accessaries,  and  by  general 
consent  the  existence  of  some  such  institution,  since  the  Norman 
Conquest,  has  been  assumed  I  The  use  of  a  seal  and  the  office  of 
Chancellor  are  at  any  rate  beyond  reasonable  doubt.  We  can  even 
trace  the  outline  of  a  clerical  establishment  of  the  king's  household  or 
chapel  from  the  early  years  of  the  I2th  century ^  whilst  the  official 
routine  in  connexion  with  the  execution  of  diplomatic  instruments 
was  well  established  after  the  accession  of  Henry  IP.  With  due 
deference  to  many  learned  opinions  it  may,  however,  be  observed 
that  neither  the  external  notices  above  referred  to,  nor  such  docu- 
mentary evidence  as  can  be  relied  upon,  support  the  view  of  the 
existence  of  a  great  secretarial  department  dating  from  the  Conquest. 
To  say  the  least,  the  importance  of  the  office  of  Chancellor  and  of  the 
clerical  establishment  of  the  Chancery  was  dwarfed  by  comparison 
with  the  preeminence  of  the  justiciary  and  the  scientific  organization 
of  the  Exchequer,  whilst  the  Camera  or  other  secretarial  department 
of  the  king's  house  has  to  be  reckoned  with'*.  In  any  case  it  can  be 
clearly  seen  that  an  Anglo-Norman  chancery  made  use  of  none  of 
the  notarial  devices  which  are  associated  with  the  recognized  procedure 
of  the  Continental  courts,  or  rather  that  we  should  submit  that  these 
devices  are  not  found  in  the  case  of  genuine  examples.  But  until  an 
adequate  Codex  Diplomaticus  of  the  Anglo-Norman  period  has  been 
published,  enabling  us  to  distinguish  between  credible  and  fraudulent 
specimens  it  is  scarcely  profitable  to  attempt  the  definition  of  an  or- 
ganization, the /.?r.f^;/;/^/ of  which  chiefly  depends  on  the  admissibility 
of  a  certain  cla.ss  of  evidence. 

It  is  true  that  the  subject  matter  of  the  several  diplomatic  forms 
which  obtain  during  this  early  period,  has  been  differentiated  by 
Madox  in  his  Formulare  Anglicanum.  It  must  nevertheless  be 
insisted  that  no  such  classification  can  be  undertaken  on  any  scientfic 
principle  until  the  existing  diplomata  of  the  Anglo-Norman  period 
have  been  sifted  and  arranged.  The  great  work  of  Madox  is  in  fact 
a  mere  medley  of  charters   and   writs,  royal   and    private,  without 

»  E.  //.  R.  XI.  731.  "  Constitutio  Dom.  Keg.  (Red  Book,  p.  807). 

*  Account  of  Ric.  de  Anesli  (ctl.  Palgrave,  Comniomi>ealth),  cf.  Dialogus,  I.  v,  vi,  xiii. 

*  Red  Bool;  ji.  xxii ;  Dia/ogits  {Oar.  Press),  p.  18. 


2i6  A^iglo-Norman  Chmders  and   Writs 

distinction  of  form  and  regardless  of  the  authenticity  of  the  selected 
texts.  In  the  place  of  such  an  arbitrary  and  artificial  arrangement 
it  is  surely  more  desirable  that  the  elementary  distinctions  between 
public  and  private,  pre-Conquest  and  post- Conquest,  English  and 
Continental  diplomata  should  first  be  established^  Even  when  this 
has  been  accomplished,  it  will  still  be  necessary  to  determine  which 
specimens  shall  be  admitted  as  genuine  examples.  To  constitute  an 
important  genus  from  a  few  undescribed  species  is  scarcely  in  keeping 
with  scientific  methods  of  research. 

It  is  from  the  study  of  original  instruments  alone  that  we  can 
hope  to  obtain  any  real  knowledge  of  the  composition  of  the  post- 
Conquest  diplomata.  A  copy  or  entry  in  a  cartulary  or  register 
presents  in  most  cases  an  abbreviated  form  of  the  Initial  and  Final 
Protocols.  An  official  enrolment,  even  of  a  considerably  later  date, 
will  frequently  preserve  a  fuller  version  of  the  original ;  but  in  any 
case  it  is  unsealed.  Again,  though  this  copy  or  enrolment  may  have 
preserved  the  names  of  the  witnesses  who  subscribe  an  Anglo-Norman 
charter  on  a  pre-Conquest  model,  they  would  possibly  fail  to  re- 
produce the  accompanying  "signatures"  ;  for  "►J«  Willelmus  Rex"  is 

one   thing,    but    'r^r-    is    quite   another^     Moreover,  we  require  to 

know  the  size  of  the  parchment  and  its  shape ;  how  it  is  "  cut "  or 
"  folded  "  for  the  attachment  of  the  seal  and  the  character  of  the 
writing  itself  together  with  the  spacing  of  the  words.  In  any  one  of 
these  details  there  may  be  affectations  or  omissions  that  will  invite 
a  further  scrutiny,  for  it  is  everything  to  determine  whether  the  scribe 
of  a  doubtful  charter  was  fraudulent  or  merely  careless. 

With  regard  to  the  external  form  of  the  documents  in  question 
the  Anglo-Norman  diploma  is  usually  written  on  an  oblong  or  square 
piece  of  parchment  varying  in  size  from  3  or  4  inches  to  a  foot. 
Exaggeration  in  size  or  shape  is  nearly  always  a  suspicious  indication  I 

The  Great  SeaH  is  usually  attached  during  this  period  by  a  double 

^  Bracton's  well-known  classification  of  diplomatic  instruments  (Book  11.  c.  16)  not  only 
belongs  to  a  later  period  but  is  more  valuable  for  its  definitions  of  private  than  of  royal 
charters. 

"^  Cotton  Charter,  vui.  C5.  '^  e.g.  W^estminster  (Cotton  Charter,  vi.  3). 

^  For  the  purpose  of  comparison  with  foreign  types  the  colour  of  the  Great  Seal  during 
this  period  is  a  matter  of  some  interest.  It  is  well-known  that  the  seals  of  the  nth  century 
are  of  a  whitish  hue  whilst  those  of  Henry  I  and  Henry  H  are  coated  with  a  rich  reddish- 
brown  varnish.  Towards  the  end  of  the  12th  century  green  is  chiefly  affected  and  this 
colour  continued  in  vogue  during  the  mediaeval  period.  Under  Henry  IH  a  walnut  coloured 
varnish  was  employed  with  good  effect  compared  with  the  brown  and  yellow  or  virgin  wax 
used  in  a  later  period.  For  the  dimensions  and  legends  of  the  seals,  see  Messrs  Wyons' 
well-known  work  and  Mr  Birch's  list  in  Report  of  Index  Soc.  1879,  Appx.  11. 


Anglo-Norman  Charters  and  Writs  217 

strip  or  thong  of  parchment  from  the  centre  of  the  lower  margin 
which  is  folded  in  order  to  furnish  a  better  support.  In  some  cases, 
however,  no  fold  has  been  made,  whilst  in  others  it  has  apparently 
been  made  as  an  afterthought  and  actually  conceals  part  of  the 
writing^  The  attachment  of  the  thong  to  the  fold  is  effected  by  various 
ingenious  devices.  Usually  it  was  passed  through  two  transverse  slits 
made  in  the  centre  of  the  fold  in  such  a  way  as  to  ride  upon  the 
upper  edge  of  the  incision,  the  ends  hanging  down  on  either  side  of 
the  fold.  These  loose  ends  were  inclosed  in  the  body  of  the  seal 
which  could  not  be  removed  without  cutting  either  the  thong  or  the 
fold  of  the  charter.  Although  there  seems  to  have  been  no  absolute 
rule  in  this  matter,  it  will  be  found  that  in  the  greater  number  of 
charters  of  this  period  that  are  unquestionably  genuine  the  two 
transverse  incisions  above  referred  to  are  both  present ;  whilst  in 
certain  doubtful  charters  a  single  incision  only  will  be  found-. 
Exceptions  certainly  occur  in  each  case,  but  the  practice  in  point 
is  deserving  of  attention,  though  after  the  end  of  the  12th  century 
it  has  very  slight  importance. 

The  dimensions  and  texture  of  the  thong  itself  should  also  be 
noted,  since  this  was  frequently  obtained  by  cutting  a  strip  from  the 
top  margin  of  the  charter  itself,  and  this  is  sometimes  found  to  con- 
tain a  trial  line  of  writing  which  may  also  have  been  intended  to 
assist  identification*.  The  occurrence  of  a  thong  cut  from  a  different 
parchment  will  be  frequently  noticed  in  charters  of  a  very  question- 
able character. 

It  is  well  known  that  seals  were  attached  to  early  charters  by 
some  other  substance  than  a  parchment  thong,  silk,  hemp,  and  even 
leather  being  used  for  this  purpose.  The  cords  made  of  these  sub- 
stances were  usually  braided  on  the  fold  in  a  rectangular  or  lozenge- 
shaped  pattern,  after  passing  through  eye-lets,  the  loose  ends  being 
enveloped  by  the  seal  as  before.  It  would  perhaps  be  found  that 
many  of  the  charters  in  which  the  seals  are  attached  by  cords  during 
this  period  were  executed  abroad  or  prepared  by  a  foreign  expert. 

The  writ  in  most  cases  is  easily  distinguished  from  the  charter  by 
its  long  and  narrow  form,  the  length  being  usually  about  three  times 
the  width  of  the  parchment.  This  peculiar  shape  was  doubtless  due 
to  the  practice  of  attaching  the  seal  to  a  strip  cut  from  right  to  left 

'  Add.  Ch.  lot 20. 

'  In  some  suspicious  cases  the  thong  has  been  passed  through  one  of  the  incisions  only, 
as  though  a  new  thong  had  been  attached  in  the  style  prevailing  at  a  later  date. 
•'  D'Anisy,  Charles  de  Calvados,  p.  9  sq. 


2r8  Anglo-Norman  Charters  and  Writs 

along  the  lower  margin  of  the  document.  But  below  this  strip  another 
and  much  narrower  strip  was  first  cut  out,  both  remaining  attached  at 
the  base  to  the  left-hand  margin  of  the  writ  for  a  space  of  about  an 
inch.  To  the  upper  and  broader  of  these  two  strips  the  seal  was 
attached,  the  narrower  one  being  evidently  intended  to  serve  as  a 
ligament  to  secure  the  writ  when  folded  round  the  seal.  This  was 
necessary  to  prevent  the  weight  of  the  seal  from  tearing  through  the 
neck  of  the  thong,  and  the  device  resembles  that  afterwards  used  for 
.securing  letters  missive.  In  many  cases,  indeed,  the  seal  has  been 
already  torn  away  from  this  cause,  and  has  even  been  reattached  by 
an  incision  being  made  in  the  centre  of  the  lower  margin,  to  imitate 
the  attachment  of  the  pendent  seal  of  a  true  diploma. 

Perhaps  the  significance  and  interest  of  the  system  of  attachment 
used  in  the  case  of  the  writ  have  been  scarcely  appreciated  in  con- 
nexion with  diplomatic  criticism.  In  the  case  of  many  existing  writs 
of  the  nth  and  12th  centuries  which  do  not  bear  seals,  it  is  sometimes 
possible  to  determine  whether  or  not  a  seal  was  originally  attached, 
from  the  indentation  or  scar  (so  to  speak)  which  should  be  visible  in  the 
left-hand  margin.  Moreover,  it  will  not  infrequently  be  found  that  later 
forgeries  of  Old  English  and  Anglo-Norman  writs,  whilst  preserving 
at  least  the  indications  of  the  attachment  of  a  seal,  usually  fail  to 
reproduce  the  ligament.  Again,  the  presence  or  absence  of  these 
"  scars  "  will  often  enable  us  to  distinguish  between  an  original  writ 
and  an  official  rescript,  a  matter  of  some  consequence  since,  in  the 
earliest  period  at  least,  writs  were  rarely  enrolled,  "  rescripts "  being 
filed  instead. 

Although  this  simple  form  of  attachment  was  chiefly  used  for 
writs,  as  opposed  to  charters,  the  latter  are  sometimes  found  to  be 
executed  in  this  manner.  Letters  Patent  and  Close  were  also 
frequently  "cut"  in  this  way',  and  the  practice  in  point  serves  as 
a  rough  distinction  between  Patents  that  are  writs  and  those  that  are 
virtual  charters,  the  latter  usually  bearing  the  seal  suspended  from  the 
centre  of  the  lower  margin  by  incisions  made  in  a  "  fold." 

In  certain  cases  the  Anglo-Norman  writ  is  found  to  be  cut  in  an 
abnormal  manner.  One  such  variation  appears  in  the  form  of  a  broad 
flange  cut  out  from   either  the  lower  margin    or    from    one   of  the 

^  In  the  13th  century  this  form  of  attachment  was  sometimes  picturesquely  described  as 
in  cedula  and  the  liability  to  detachment  was  a  convenient  pretext  for  an  "  Innovation." 
This  attachment  of  the  pendent  seal  is  also  a  device  familiar  to  continental  notaries.  It  is 
neatly  described  by  French  antiquaries  as  the  "simple  queue,"  but  stress  is  not  laid  by 
these  authorities  on  the  presence  of  a  ligament.  It  was  also  largely  used  for  private 
diplomata,  being  often  cut  for  numerous  seals  in  the  case  of  indentures  or  certificates. 


Anglo-Norman  Charters  and  Writs  219 

extremities  of  the  instrument'.  Here  the  breadth  and  shortness  of 
the  "  tail "  must  have  prevented  the  seal  from  appearing  pendent  in 
the  usual  sense.  No  ligament  is  found  in  these  forms,  which  are 
prima  facie  of  a  suspicious  character. 

It  will  be  observed  that  in  the  case  of  writs  which  are  closely 
assimilated  to  the  charter  in  respect  of  their  diplomatic  construction 
and  use,  the  depth  of  the  parchment  is  increased  at  the  same  time 
that  its  length  is  diminished.  Moreover,  the  seal  is  frequently  attached 
from  the  centre  of  the  lower  margin  on  a  fold  as  in  the  true  charter. 

id)     Anglo-Norman  Diplomatic  Formulas. 

It  has  been  observed  before  that,  until  the  urgent  need  of  a  critical 
Cartularuim  Anglo- Normannicnm  has  been  supplied,  it  is  impracticable 
to  attempt  an  adequate  diplomatic  description  of  the  post-Conquest 
diplomata.  As,  however,  such  a  task  is  perhaps  within  the  powers  of 
but  two  or  three  scholars  of  our  own  time,  we  must  for  the  present 
make  shift  with  the  results  of  a  desultory  study  of  the  composition  of 
the  contemporary  diplomata. 

To  begin  with  the  writ ;  it  will  be  noticed  that  the  formal  Super- 
scription in  the  post-Conquest  forms  exhibits  a  distinct  advance  upon 
the  Old  English  style.  To  the  formula  A.  rex  Anglorum  the  qualifi- 
cation Dei  gratia  is  not  frequently  added  before  the  reign  of  Henry  I, 
and  it  has  recently  been  argued  by  M.  Delisle  in  a  notable  essay''  that 
this  diplomatic  formula  comes  into  regular  use  from  the  year  1173. 

Other  expansions  in  early  native  charters  must  be  regarded  with 
some  suspicion.  Under  Henry  H,  however,  when  the  writ  has  been 
diverted  from  its  original  purpose,  the  full  style  of  the  sovereign  is 
used  indiscriminately  in  both  charters  and  writs. 

The  Address  of  the  post-Conquest  writ  varies  in  a  rather  per- 
plexing manner.  At  first  the  persons  specifically  charged  with  its 
execution  are  usually  of  the  same  type  as  in  Old  English  charters. 
From  a  very  early  date,  however,  we  meet  with  writs,  the  authenticity 
of  which  it  would  not  be  always  easy  to  dispute,  addressed  at  large  in 
the  style  of  the  formal  diploma,  namely  to  the  Archbishops  and  other 
magnates.  It  is  true  that  in  the  writ  as  well  as  in  the  charter  a 
general  Address  in  such  words  as  et  omnibus  ministris  et  fidelibus  suis, 

'  Cotton  Charter,  vu.  i ;  Ibid.  X.  8. 

*  liihl.  de  riLioU  Jes  Chartes,  Lxvii.  p.  361  sq.  and  LXVlll.  p.  aya  sq.  The  acceptance  of 
this  learned  theory  dei)entls  chiefly  on  the  reader's  point  of  view  with  regard  to  certain 
charters  of  this  reign;  but  see  Mr  J.  II.  Round  in  Anh.  Jo.  i.xiv.  63. 


2  20  Anglo-Norman  Charters  and  Writs 

Francis  et  Anglis^  is  usually  appended  to  the  designation,  but  this 
expansion  has  not  the  same  significance  as  the  conventional  Address 
which  became  a  stereotyped  feature  of  the  "  new  model "  charter. 
Whether  the  occurrence  of  this  later  Address  in  writs  or  even  in 
original  charters  dated  before  the  Anarchy  is  to  be  regarded  as  a 
suspicious  indication  is  a  very  difficult  question.  Admitting,  however, 
that  the  formula  inevitably  occurs  in  many  forgeries,  there  would  seem 
to  be  no  constitutional  objection  to  dating  the  origin  of  the  practice 
from  the  reign  of  Henry  P. 

The  sententious  form  of  Salutation  must  be  regarded  as  a  normal 
feature  of  diplomatic  as  opposed  to  epistolary  composition.  In  the 
case  of  the  Notification  which  ushers  in  the  text  of  the  instrument 
much  greater  latitude  usually  prevails.  In  the  post-Conquest  writs, 
however,  this  clause  is  perhaps  less  frequently  omitted  than  in  a  later 
period. 

An  Exposition  reciting  the  occasion  or  motive  of  the  precept  is 
not,  of  course,  at  any  time  a  characteristic  feature  of  the  writ.  A  brief 
recitation  of  the  purport  of  a  former  grant  is,  however,  frequently  found, 
and  in  1 2th  century  specimens  the  usual  declaration  of  a  pious  motive 
constantly  occurs  as  in  Old  English  writs.  Similarly  a  true  Disposi- 
tive clause  cannot  be  looked  for  in  a  mere  precept,  although  the  efifect 
of  the  writ  may  amount  to  an  actual  concession^  The  usual  form  is 
that  of  an  Injunction,  or  Prohibition,  as  the  case  may  be,  and  this 
is  expressed  by  such  words  as  prcecipio,  mando,  volo,  or  else  proJiibeo 
or  nolo.  The  forcible  expression  of  the  sovereign's  will  seldom 
requires  to  be  amplified  by  a  recitative  Final  clause  such  as  usually 
occurs  in  charters  of  feoffment ;  but  conditions  or  reservations  are 
sometimes  introduced.  In  this  connexion  several  distinctive  man- 
nerisms will  be  noticed  in  Anglo-Norman  writs,  amongst  these  being 
a  tendency  to  ejaculation,  and  the  somewhat  irrelevant  use  of  such 
words  as  amodo,  ita  and  quia.  In  fact  the  forgers  of  such  instruments 
were  not  slow  to  grasp  the  distinctive  value  of  these  virile  phrases,  and 
their  indiscriminate  use  may  afford  an  additional  cause  for  diplomatic 
criticism'*. 

^  The  extension  of  this  form  of  Address  to  the  Welsh  or  Irish  may  be  regarded  as  having 
a  local  significance. 

"^  In  many  cases,  however,  these  seeming  writs  are  really  charters. 

*  In  certain  diplomata  of  Henry  I's  reign  a  grant  of  liberties  takes  the  form  of  a  string 
of  exemptions  beginning  with  Et  ne — .  These  instruments  may  probably  be  regarded  as 
charters  rather  than  writs. 

*  In  the  case  of  grants  to  churches  the  name  of  the  titular  saint  appears  as  the  grantee 
(e.g.  S.  Ethe]reda  =  Ely),  a  graphic  statement  which  is  constantly  reproduced  in  later 
charters. 


Anglo-Norman  Charters  and  Writs  221 

Another  characteristic  addition  is  seen  in  the  significant  intimation 
of  the  penalties  of  non-observance  which  replaces  the  old  ecclesiastical 
Sanction ' ;  but  this,  like  the  later  order  for  speedy  execution,  may 
be  introduced  parenthetically  in  the  injunction  itself.  Finally,  as  we 
have  seen,  a  new  feature  is  presented  in  the  Attestation  and  Dating 
clauses  which,  however,  like  the  clauses  of  the  Initial  Protocol,  are 
merely  abbreviated  from  the  more  ceremonious  diploma.  Like  the 
latter,  too,  the  writ  is  executed  by  means  of  a  seal,  the  distinctive 
attachment  of  which  has  been  already  described. 

The  distinctive  formulas  of  the  conventional  charter,  modelled 
upon  the  lines  of  the  Anglo-Norman  writ,  cannot  be  described  with 
any  degree  of  precision  before  the  middle  of  the  12th  century.  The 
constitutional  intention  and  the  legal  effect  of  the  post-Conquest 
charter  may  be  derived  directly  from  the  existing  model  of  the  Old 
English  "  land-boc  "  and  from  the  analogy  of  the  contemporary  conti- 
nental practice ;  but  the  diplomatic  construction  of  this  instrument 
must  be  ascribed  to  the  influence  of  the  post-Conquest  writ.  Here 
was  found  ready-made  the  outline  of  the  royal  charter,  procured  with 
the  old  constitutional  formalities  but  composed  and  executed  accord- 
ing to  the  new  official  requirements,  if  for  no  other  purpose  than 
to  supplement  the  royal  revenues. 

The  Protocols  needed  only  to  be  amplified  by  an  Address  to  the 
old  optiniates  and  an  Attestation  by  the  new  ciiriales,  with  the 
embellishment  of  a  pendent  seal.  A  precedent  was  already  found  for 
dispensing  with  the  turgid  Preamble  and  the  primitive  Sanction,  and 
for  expressing  the  purport  of  the  Dispositive  and  Final  clauses  in  con- 
cise and  conventional  formulas.  The  tenor,  however,  even  of  these  last 
may  be  traced  back  to  pre-Conquest  or  Continental  models.  The 
words  of  donation  are  virtually  the  same,  except  that  for  graceful 
variants  of  "  dono  "  or  "  tribuo  "  we  have  plain  "  do,"  "  concedo  "  and 
"  confirmo."  So  the  famous  Habendum  et  tenendum  clause,  which 
does  not,  however,  become  stereotyped  until  the  next  century,  has  its 
earlier  counterpart  in  the  Old  English  fruendum,  and  the  hereditary 
notion  and  sense  of  perpetuity  may  occur  in  both  versions.  Again, 
the  typical  conditions  of  the  post-Conquest  gift,  the  bene  ct  in  pace^ 
libere  et  quiete,  integre  et  honorificc  are  already  familiar  to  us, 
whilst  we  have  in  the  inevitable  cum  saca  et  soca  clause  a  mere 
version  of  the  mid  sac  and  mid  socne  of  the  vernacular  writ.     A  new 

'  Li  rare  and  possibly  suspicious  cases  a  specific  money  fine  is  imposed  for  disturbance  of 
the  grantee,  but  this  penalty  clause  was  always  permissible  in  the  case  of  forest  rights. 


222  Anglo-Norman  Charters  and  Writs 

note  is  perhaps  struck  in  the  appendix,  cum  omnibus  libertatibics  et 
liheris  consuetudinibus  suis,  for  "  liberties  "  and  "  customs  "  were  held 
in  greater  honour  by  the  I2th  century  forger  than  by  the  i  ith  century 
scribe,  and  the  exact  equivalent  of  the  Old  English  formula  mid  ealla 
— belymneth  is  rather  found  in  the  Latin  version  cum  omnibus  aliis 
rebus.  On  the  whole,  however,  the  rhythm  of  the  conventional 
"  parcels  "  flows  smoothly  from  either  pen.  In  bosco  et  piano  and  the 
rest  were  in  fact  still  interchangeable,  in  the  I2th  century,  with  the 
vernacular  On  wode  and  07i  felde  and  other  diplomatic  sing-songs. 

At  the  same  time  the  arrangement  of  these  kindred  formulas  in 
the  later  period  is  far  more  precise  and  scientific,  though  possibly  the 
Latin  version  lends  a  learned  glamour  to  a  vernacular  writ.  Yet 
a  study  of  the  technical  distinctions  between  the  Anglo-Norman 
grant  and  confirmation  will  show  how  skilfully  the  common  formulas 
were  utilized  to  produce  new  diplomatic  types.  Swa  full  may  find 
its  equation  in  Ita  plene,  and  sicut  unquam  plenius  may  have  its 
bilingual  complement ;  but  the  Old  English  diploma  will  not  by 
a  simple  reference^  or  by  the  omission  of  an  essential  word^  indicate 
a  broad  distinction  between  two  common  diplomatic  forms. 

{e)     Special  Charter  FormsK 

The  above  analogy  applies  almost  entirely  to  donations  or  con- 
firmations of  land.  In  the  new  diplomatic  types  which  appear  in  the 
post-Conquest  period  we  shall  have  new  Dispositive  forms  made  to 
order,  and  sometimes  these  are  even  labelled  by  contemporary  scribes. 
Thus  a  grant  introducing  the  word  reddidisse*  is  termed  a  "  charter  of 
Retrocession,"  though  restitution  was  also  effected  by  a  simple  con- 
firmation or  by  a  new  donation. 

Amongst  these  special  forms  of  early  royal  charters  the  grant  in 
Free  Alms  is  perhaps  the  most  familiar,  and  here  besides  the  essential 
and  distinctive  words  of  donation"  there  are  appropriate  comple- 
mentary formulas". 

Grants  of  ofifice  will  contain  appropriate  expressions  in  the  Dis- 

^  Sicut  carta — testattir. 
^  Dedisse. 

■*  See  Fortiiula  Book,  Nos.  ii  — 18. 

*  Sciatis  me  reddidisse  et  per  hanc  cartain  coiifirniasse  (or  retrocessisse),  but  this  is  a  purely 
arbitrary  title.     Thus  the  word  condonasse  might  be  said  to  constitute  a  royal  pardon. 
"  In  pura,  perpettia  et  libera  elemosyna.  , 

®  SiaU  aliqua  ecclesia — quiet ius  vel  libeidus  tenet  aliquani  eleinosynam,  &c. 


Anglo-Norman  Charters  and  Writs  223 

positive  and  Movent  clauses,  though  for  legal  purposes  the  officinm  or 
ministerium  is  treated  as  a  freehold.  In  consideration  of  service 
rendered',  the  grantee  is  invested  with  a  modest  daily  "livery"  in 
respect  of  a  certain  "custody"  or  "  ministry"  which  he  is  henceforth 
entitled  to  perform,  ita  bene,  &c.,  and  with  the  enjoyment  of  the  con- 
siietiidincs  thereto  pertaining,  siciit  aliquis  illnd  melius,  &c.,  tempore,  &c. 

If  we  may  accept  certain  12th  century  sources  as  authentic,  the 
form  of  the  grant  of  a  market  or  fair  may  be  traced  back  to  the 
reign  of  Henry  I,  and  the  technical  formulas  with  regard  to  the  period 
and  duration  of  the  licence  and  other  particulars  would  not  seem  to 
differ  in  any  way  from  a  similar  charter  executed  in  the  next 
century^ 

The  forest  charters  of  the  period  are  particularly  interesting,  and 
the  genuine  examples  exhibit  well-marked  formulas.  The  greater 
number  of  these,  however,  may  more  properly  be  regarded  as  writs, 
addressed  either  to  the  Barons  of  the  Exchequer^  for  exemption  from 
common  assessments,  or  more  usually  to  the  local  foresters  enjoining 
that  certain  holdings  non  nunierentur  inter  essarta*. 

In  the  case  of  a  formal  charter  of  this  nature  the  general  Address 
may  be  supplemented  by  the  insertion  of  the  Forestarii,  and  the 
Dispositive  clause  usually  specifies  the  concession  of  so  many  acres  of 
assart  in  a  certain  forest.  This  is  followed  by  the  usual  injunction 
for  security  of  tenure  and  exemption  from  assart  fines  and  other  pleas 
of  the  forest. 

Grants  of  warren  differ  from  the  above  in  respect  of  a  prohibition 
for  other  parties  to  chase  within  the  warren  except  by  licence  of  the 
grantee,  under  a  specified  penalty'. 

From  the  above  examples  it  will  be  seen  that  the  Dispositive 
formulas  of  post-Conquest  charters  are  capable  of  a  considerable 
amount  of  differentiation. 

The  Final  clau.ses  of  these  diplomata,  though  possessing  a  distinct 
individuality,  do  not  exhibit  many  variations.  The  characteristic 
Injunction  which  explains  or  supplements  the  terms  of  the  donation 
or  concession  has  been  already  referred  to  in  its  bilingual  aspect*. 

'  Pro  servitio  suo  with  its  well-known  expansion  in  later  Patents,  tu^is  hactenus 
itnptnso,  &'c. 

»  Car/.  Antiq.  R.  XXI.  »  Cf.  Dutloj^is,  I.  xi. 

*  The  hcau  ideal  of  such  a  concession  may  be  seen  in  the  case  of  the  forged  charter 
(Atuient  Deeds,  A.  S.  308)  of  Henry  I  claimed  by  the  monks  of  Gloucester  and  produced  by 
them  in  evidence  as  late  as  the  i6th  century  {Hist.  Man.  S.  Petri  Gloiu.  (Rolls),  11.  187). 

*  See  below,  p.  214,  n.  4.  •  Above,  p.  aao. 


224  Anglo-Norman  Charters  and  Writs 

The  grant  itself  is  frequently  accompanied  by  a  Reservation  which 
may  be  of  a  generaP  or  specific^  nature.  Similarly  the  Injunction 
may  be  strengthened  by  a  Prohibition*  against  molestation  which  is 
not  infrequently  accompanied  by  the  statement  of  a  penalty  which 
is  sometimes  in  the  form  of  a  definite  assessment,  as  in  charters  of 
the  warren*  and  charters  of  liberties^,  but  in  other  cases,  especially 
in  ecclesiastical  grants,  it  may  be  regarded  as  a  reminiscence  of  the 
ancient  Sanction''.  Finally,  as  we  have  seen,  this  penal  or  com- 
minatory  clause  has  become  in  the  early  years  of  the  next  century 
a  mere  official  interjection'',  although  the  statement  of  a  precise 
penalty  is  still  to  be  found  in  modern  Proclamations.  The  interesting 
development  in  diplomatic  composition  which  is  completed  in  the 
13th  century  by  the  virtual  division  of  charters  of  feoffment  into 
two  parts,  the  enacting  and  the  recitative  parts  respectively,  will  be 
referred  to  in  another  place.  At  the  same  time  a  distinct  tendency 
in  this  direction  can  be  clearly  recognized  from  the  middle  of  the 
1 2th  century,  and  the  recitative  or  injunctive  clause  also  begins 
usually  with  the  words  Qtiare  volo. 

There  are  many  miscellaneous  points  of  interest  connected  with 
the  diplomatic  compositions  of  this  period,  but  one  remaining  feature 
only  can  be  noticed  here.  The  facility  with  which  a  12th  century 
scribe  could  expand  the  body  of  a  ceremonious  or  momentous  charter, 
especially  of  confirmation,  finds  a  precedent,  as  we  have  seen,  even  in 
the  pre-Conquest  period.  Perhaps  here  also  such  amplifications  may 
be  regarded  as  being  to  some  extent  suspicious,  except  in  the  case  of 
charters  of  liberties  or  conventions.  It  is  in  fact  easy  to  understand 
how  so  many  interpolations  have  been  made  without  detection  in 
charters  of  this  period  ;  for  one  more  after-thought  would  be  of  little 
moment  in  these  laboured  narratives.  Here  Prceterea  and  Insuper 
afford  inexhaustible  openings  for  the  royal  benevolence,  whilst  scilicet 
and  nominativi  play  their  part  in  ear-marking  disputed  parcels. 

^  Ita  qitod,  &■€.  salvo,  Cs'c.  ^  Excepto,  ^c.  Reddendo,  &^c. 

3  Et  ita  ne,  &^c.  Quia  nolo,  &^c\  El  prohibeo,  <;fc.  and  the  significant  hint  Ne  super  hoc 
amplius  inde  daniot-etn  audiam  pro  pem/ria  justitia:. 

"*  This  penalty  due  to  the  Crown  came  to  be  chiefly  effective  as  deterring  an  offender 
from  defending  an  action  for  trespass. 

•^  The  Et  si  clauses  ending  with  an  einendatio. 

*  In  some  cases  this  is  actually  preserved  in  the  Old  English  form. 

^  Sicut  te  ipsttm  dfc.  diligas. 


Anglo-Norman  Charters  and  Writs  225 


f.     Private  Charters  and  Deeds. 

It  still  remains  for  us  to  glance  at  the  independent  construction  of 
the  private  charters  of  the  period.  In  some  respects  it  might  appear 
that  here  the  post-Conquest  scribes  were  equally  indebted  to  Old 
English  models ;  but  the  obligation  is  confined  to  the  general  style 
and  does  not  extend  to  the  special  forms  that  were  evolved  from  the 
primitive  Convention.  For  the  familiar  types  of  these  Ancient  Deeds 
undoubtedly  exceed,  in  variety  as  well  as  in  number,  the  forms  of  the 
post-Conquest  Chancery.  The  common  forms  of  feoffment,  however, 
are  clearly  constructed  upon  an  official  model,  particularly  in  the  case 
of  charters  executed  by  the  churches  or  by  the  great  barons\  These 
charters,  both  of  feoffment  and  confirmation  differ  only  from  royal 
instruments  in  respect  of  the  Initial  Protocol,  which  is  usually  couched 
in  an  impersonal  and  narrative  form*.  There  is  no  Salutation  in 
normal  cases,  but  the  Exposition  is  very  prominent.  The  Dispositive 
clause  is  precise  and  technical,  but  the  characteri.stic  Final  clauses  of 
the  royal  diplomata  are  naturally  wanting.  In  their  place,  however, 
the  legal  warranty  is  very  conspicuous  and  affords  many  interesting 
variants.  The  Final  Protocol  differs  but  little  from  official  forms,  but 
is  frequently  preceded  by  an  annunciatory  clause.  The  presence  of 
witnesses  who  are  undescribed  by  name  is  indicated  by  the  words  "  et 
multis  aliis."  Finally,  the  seal  is  never,  except  in  the  case  of  very 
great  men,  attached  to  a  single  thong  cut  from  the  bottom  of  the 
document^  but  is  pendent  from  the  centre  of  the  lower  margin  though 
cords  are  not  used  as  in  the  case  of  the  royal  charter. 

In  addition  to  the  usual  charters  of  donation  or  confirmation  we 
find  many  charters  of  Foundation  and  Frankalmoigne,  executed  by 
private  donors,  which  resemble  in  most  respects  the  similar  produc- 

'  Possibly  were  it  not  for  the  dearth  of  Northumberland  diplomata  we  should  be  able  to 
add  to  these  typical  formulas  some  interesting  variants  from  the  Scriptorium  of  the  great 
north-country  earldom  or  the  chancery  of  the  episcopal  palatinate.  This  supposition  is 
perhaps  justified  by  the  survival  of  a  few  vernacular  writs  dating  from  the  close  of  the 
nth  century  in  which  we  find  an  Address  to  thegns  and  drengs  and  in  one  instance  the 
Notification  "Wite  ge"  together  with  suitable  dialectic  equivalents  for  the  conventional 
terms  found  in  Old  English  writs  of  the  periotl.  Cf.  J.  Wilson  in  Scott.  Hist.  Rtv.  I.  6a. 
Ilickes,  Thesaurus,  i.  149.  Two  of  these  writs  have  l)een  edited  with  a  wealth  of  learning 
and  excellent  reproductions  by  I'rof.  F.  Liel)ermann  in  Archiv.  Neutrcn  Sprachen,  cxi.  3,  4. 

'  Omnibus  hanc  cartatn  visuris,  &'c.  ego,  &'c.  .Sciant  pnesentes  et/ufuri,  i^c.  Notum  sit 
omnibus,  &'c.     Noverint  universi,  &'c. 

>  An  instance  occurs  in  the  case  of  a  writ  of  Richard,  Earl  of  Cornwall,  to  his  bailitfs  of 
Exeter,  as  late  as  the  year  1 156. 

H.  iS 


2  26  Anglo-Norman  Charters  and  Writs 

tions  of  the  Royal  Chancery.  Another  diplomatic  form  based  on  the 
Old  English  cyrograph,  although  occasionally  utilised  in  this  period 
for  official  purposes,  is  not  of  frequent  occurrence  amongst  the 
Chancery  Records  until  the  next  century.  Of  this  class  the  Concord 
or  Convention  and  the  Bond  are  the  best  known  examples.  The 
Quit-claim,  Release  or  Surrender  is  properly  a  form  of  Feoffment,  and 
charters  of  Attornment  are  also  complementary  thereto  ;  but  we  are 
not  here  concerned  with  the  evolution  of  diplomatic  forms,  the  occur- 
rence of  which  in  official  archives  is  purely  accidental  and  in  some 
cases  at  least  irregular\ 

^  On  the  other  hand  the  charters  of  the  great  palatine  earls  and  princely  bishops  precede 
those  of  the  crown  in  the  sequence  of  mediaeval  title  deeds  in  certain  countries  {e.g.  Lancaster, 
Chester).  For  the  form  of  an  alleged  seignorial  charter  of  manumission  see  The  Ancestor, 
XII.   \^. 


LATER  CHARTERS  AND  DIPLOMATIC 
INSTRUMENTS. 

(a)     The  English  Chancery  from  the  i^th  to  the  \6th  centziry. 

We  have  seen  that  in  the  case  of  the  Anglo-Norman  charters  it  is 
almost  useless,  for  lack  of  a  critical  Codex  Diplomaticus,  to  attempt 
the  reconstruction  of  the  establishment  and  apparatus  of  the  royal 
Chancery  which  first  appears  as  an  administrative  institution  during 
the  period  immediately  following  the  Norman  Conquest. 

The  same  objection  applies  with  almost  equal  force  to  the  later 
mediaeval  period,  from  the  close  of  the  I2th  century  down  to  the 
beginning  of  the  i6th,  when  the  Chancery  is  at  last  fully  occupied 
with  legal  business  and  its  secretarial  duties  are  discharged  by  a  new 
ministerial  department. 

It  is  true  that  in  this  later  period  we  are  chiefly  concerned  with 
oflficial  enrolments  in  which  the  constitution  and  practice  of  the 
Chancery  can  be  read  at  large,  with  the  help  of  formula  books  for 
official  writs,  ordinances,  accounts,  correspondence,  and  mediaeval 
treatises^  But  though  we  need  have  less  concern  as  to  the  authen- 
ticity of  contemporary  instruments  we  are  still  confronted  with  a 
number  of  suspicious  forms  which  have  found  a  place  in  the  later 
Confirmation  Rolls  through  the  simplicity  or  greed  of  royal  officers. 

Again,  although  the  Chancery  Rolls  for  these  three  centuries  are 
becoming  rapidly  accessible  for  historical  study  by  means  of  an 
admirable  series  of  calendars  and  texts,  this  form  of  publication  does 
not  take  note  of  the  departmental  usages  with  which  we  are  here 
concerned.  The  commonplace  books  of  the  learned  editors  engaged 
in  these  official  calendars  would  doubtless  supply  most  of  the  trivial 
information  which  is  needed  for  a  diplomatic  study  of  the  period*; 

^  One  of  the  most  valuable  of  these  sources,  for  the  internal  economy  of  the  Chancery, 
is  the  series  of  Hanai^er  Accounts  which  have  been  hitherto  comparatively  neglected. 

'  Amongst  the  points  of  diplomatic  interest  which  thus  await  solution,  chiefly  in  connexion 
with  the  practice  of  sealing,  may  be  mentionetl  the  following:  (t)  the  practice  of  issuing 
Letters  under  the  Great  Seal,  e.g.  during  a  minority,  and  by  the  state  departments, 
(j)  Substituted  and  abnormal  or  sj^ecial  forms.  (3)  Duplicate  or  triplicate  charters  or  "  pairs" 
of  Letters.  {4)  Rescripts  and  contrabrnna.  (5)  The  method  and  progress  of  enrolment. 
(6)  The  procedure  of  scaling  with  Great  and  Smaller  Seals,  the  "  half-seal "'  and  the  "  cold- 
seal,"  &c.     (7)  The  fees  and  revenue  of  the  seals. 


2  28         Later  Charters  and  Diplomatic  Instruments 

but  for  the  time  being  this  source  must  remain  unexplored  except  for 
the  casual  illustrations  that  may  be  gleaned  from  a  cursory  exami- 
nation of  the  existing  texts\  This  deferred  knowledge  must  also 
include  many  details  regarding  the  internal  economy  of  the  Chancery 
itself  Our  complete  ignorance  of  the  nature  of  the  alleged  establish- 
ment during  the  earlier  post-Conquest  period  is,  indeed,  eventually 
relieved  by  the  interesting  allusions  contained  in  the  I2th  century 
tracts  previously  referred  to^.  But  the  interpretation  even  of  these 
authorities  is  in  doubt,  and  a  wide  gap  remains  to  be  filled  before  the 
records  of  the  next  century  bring  us  new  enlightenment. 

In  the  reign  of  King  John  the  royal  Chancery  is  evidently 
endowed  with  important  functions.  As  a  court  of  law  it  can  hardly 
be  said  to  exist,  whilst  as  a  secretariat  it  has  not  yet  attained  a 
complete  organization  ;  but  such  as  it  is,  it  is  supreme,  we  are  told^, 
in  the  king's  name.  The  ancient  officers  of  state  who,  since  the 
reign  of  Henry  II,  have  withdrawn  themselves  from  the  Exchequer 
on  the  king's  business,  are  at  the  disposal  of  this  central  establishment. 
The  Marshall  prepares  his  roll  of  musters  or  scutages,  the  Constable 
is  responsible  for  the  "  liveries "  of  the  household  and  the  wages  of 
the  retinue.  The  Justiciar  with  the  Chancellor,  who  is  to  succeed  to 
his  importance,  or  his  deputy,  are  always  near  the  King.  They 
attest  writs  which  serve,  according  to  their  form,  as  precepts,  pro- 
hibitions, commissions  and  acquitances.  With  them  are  found  the 
household  Chamberlains,  and  a  crowd  of  unplaced  curiales,  with  a 
limited  number  of  royal  clerks.  Such  is  the  court  whose  activity  is 
represented  in  the  earliest  Chancery  Rolls ;  but  although  the 
Chancellor  and  his  staff  compose  its  instruments,  they  do  not  dictate 
its  policy. 

Meanwhile  the  older  court,  the  Qiria  Regis  of  the  last  century, 
has  settled  down  to  its  purely  judicial  business,  though  its  justices 
may  still  be  employed,  on  occasion,  in  a  variety  of  administrative 
enquiries.  The  Exchequer,  which  provides  the  sinews  of  the  new 
state-craft,  is  as  vigilant  and  as  powerful  as  ever.  All  promissory 
transactions  are  passed  on  to  it  by  the  Chancery,  and  it  scrutinizes 

1  Since  this  was  written  much  assistance  has  been  given  to  the  student  by  two  admirable 
volumes  of  a  Calendar  of  Charter  Rolls  to  1300,  prepared  by  Mr  C.  G.  Crump  under  the 
direction  and  supervision  of  the  Deputy  Keeper  of  the  Public  Records,  who  is  himself 
profoundly  learned  in  the  technicalities  of  this  subject. 

^  Cf.  above,  p.  215,  as  to  the  Dialogus  and  Constitictio  Domus  Regis.  A  valuable  descrip- 
tion of  the  13th  and  14th  century  apparatus  from  an  archaeological  point  of  view  is  contained 
in  the  histories  of  the  Rolls  Chapel  by  Sir  H.  Maxwell  Lyte  {D.  K.  ^"ilh  Report)  and  Mr  W. 
J.  Hardy  (Middlesex  and  Herts.  Notes  and  Qtieries,  Vol.  11.  p.  49). 

^  Cf.  Hist,  of  English  Law,  i.  172  sq. 


Later  Charters  and  Diplomatic  Instruments         229 

the  proceedings  of  the  Justices  with  a  view  to  fiscal  profit.  The 
whole  revenue  passes  through  the  day-books  of  the  Receipt,  and 
even  the  most  secret  diplomatic  or  financial  operations  of  the  crown, 
transacted  in  the  Chapel  or  the  Wardrobe,  are  entered  in  official 
precedent  books.  With  all  this  activity  and  interest  around  us, 
we  are  still,  in  the  13th  century,  without  exact  information  as  to  the 
clerical  establishment  and  housing  of  the  royal  Chancery.  Towards 
the  end  of  that  century  we  begin  to  realize  that  the  Chancery  has 
out-grown  the  Chapel  and  the  Camera  clericorutn  of  the  peripatetic 
Court.  Its  clerks  now  occupy  houses  of  their  own,  the  head-quarters 
of  the  later  Chancery  departments,  in  a  new  centre  of  clerical  activity'. 
The  division  between  the  Chancery  and  the  Secretariat  has  already 
begun.  On  the  one  side  we  see  the  growing  occupation  of  the 
Chancellor  in  common  law  appeals,  in  equitable  suits,  and  in 
references  from  the  Council.  On  the  other  side  we  mark  the  results 
of  the  usurpations  in  turn,  of  the  Camera,  Exchequer,  Wardrobe  and 
Council,  of  the  growing  powers  of  Parliament  and  seal-bearing 
offices;  of  the  successive  devices  of  the  Smaller  Seals'^  and  the  Sign 
Manual  ;  of  the  disuse  of  enrolments,  and  the  accumulation  of 
epistolary  instruments,  the  nucleus  of  the  later  secretarial  collection. 

The  means  whereby  these  developments  may  be  traced  are  now  in 
sight,  but  not  yet  within  our  reach.  For  our  present  purpose  it  will 
suffice  to  have  noted  these  and  to  confine  our  examination  of  the 
Chancery  practice  to  a  few  brief  observations  which  are  needed  for 
the  purpose  of  assisting  the  student  who  has  occasion  to  consult  the 
Chancery  enrolments  and  files. 

In  the  first  place,  leaving  the  formulas  of  the  original  instruments 
for  subsequent  description,  it  is  important  that  those  who  prefer  to 
study  these  instruments  from  the  enrolments  should  note  several 
peculiarities  therein,  in  the  shape  of  clerical  devices,  which  may  be 
attributed  to  the  official  practice  of  the  Chancery. 

The  origin  and  antiquity  of  enrolments  provide  us  with  difficulties 
enough,  but  when  the  custom  of  enrolments  is  once  established,  more 
difficulties  still  are  prepared  for  us.  It  is  true  that  most  of  these 
difficulties  have  received  a  perfunctory  explanation',  but  a  further 
warning  may  not  be  superfluous. 

'  Cf.  above,  p.  19  sq. 

■'  No  attempt  has  been  made  here  to  descril^e  in  detail  the  actual  seals,  which  have  been 
dealt  with  by  experts,  who  have  scarcely  done  justice,  however,  to  the  .Smaller  .Seals  used  by 
mediaeval  sovereigns.  The  practice  of  sealing  and  other  diplomatic  procedure  claim  priority 
of  treatment. 

3  One  of  these  difficulties  is  notoriously  found  in  respect  of  the  date;  for  although  the 


230         Later  Charters  and  Diplomatic  Insti'uments 

The  obvicus  fact  that  in  a  very  large  number  of  cases  the 
Chancery  clerks  entered  these  instruments  in  an  impersonal  form,  or 
even  as  mere  memoranda,  need  not  occasion  surprise  when  we 
remember  that  the  later  Docquet  Books  containing  precisely  similar 
entries  served  all  official  purposes.  Thus  we  may  regard  the  Estreats 
of  the  Exchequer  in  the  shape  of  Originalia,  Fine  Rolls,  Liberate 
Rolls,  &c.,  and  the  bulk  of  the  Chancery  writs  for  other  purposes  as 
mediaeval  "  Docquets,"  charters  and  formal  instruments  being  more 
carefully  entered'. 

It  need  scarcely  be  suggested  that  the  clerks  could  reconstruct 
the  formulas  of  the  original  instruments  with  perfect  facility  since  the 
task  is  not  a  difficult  one  to  ourselves  ;  but  the  loss  for  the  purpose 
of  diplomatic  study  is  considerable.  One  remarkable  consequence  of 
this  official  practice  is  the  perpetuation  of  certain  of  these  narrative 
forms  as  actual  instruments  under  a  Smaller  Seal^. 

Amongst  several  technical  formulas  which  await  an  authoritative 
explanation,  attention  may  be  called  to  the  special  use  of  the 
preposition  per  in  departmental  memoranda  attached  to  diplomatic 
instruments  or  their  enrolments.  In  the  case  of  13th  century  writs 
under  the  Great  Seal  it  will  be  presently  seen  that  the  departmental 
minute  per  Regent  or  per  ipsuni  Regent  must  be  distinguished  from 
the  symbolic  Attestation  clause  which  is  such  a  familiar  innovation  in 
this  period.  But  when  appended  to  warrants  under  the  Smaller  Seals 
the  minute  may  have  the  force  of  an  official  superscription  and  this 
later  use  is  seen  in  the  case  of  Immediate  Warrants  and  Procla- 
mations^  But  the  commonest  sense  of  per  in  this  connexion  is  to 
indicate  the  official  agency*  by  which  the  instrument  has  been 
"  procured,"  and  this  connotation  will  be  familiar  in  later  Docquets^ 
A  more  subtle  use  oi  per  is  seen  in  certain  official  embellishments  of 


problem  connected  with  the  place  of  execution  has  been  solved  by  accepting  the  theory  of 
conventional  practice  ("at  Westminster"),  the  actual  time  of  execution  may  often  remain  in 
doubt.  Thus  we  have  the  frank  admission  of  Hengham,  C.  J.  pleaded  on  his  own  behalf  in 
the  State  Trials  of  1289 — 92,  that  in  Cancellaria  et  alibi  in  uno  et  eodem  die  unus  clericus 
ponatunam  datum  et  alius  aliam  {R.  Hist.  Soc.  C.S.  (Third  Series),  Vol.  IX.  p.  xlv). 

1  In  the  case  of  the  Fine  Rolls,  these  Chancery  enrolments  seem  to  have  served  as  Fee- 
Books  or  Minute  Books,  the  entries  being  mere  memoranda  of  transactions  connected  with 
the  actual  enrolments. 

^  e.g.  the  "Debenture"  (wardrobe)  under  a  semi-official  seal  and  the  J^iat under  the  Privy 
Seal.     The  former  begins  with  the  statement  Debentur. 

*  See  Formula  Book,  pp.  102,  149. 

*  Including  fines  in  the  Hanaper,  as   well  as  official  persons  or  departments. 

^  It  is  well  known  that  this  indication  is  of  the  greatest  value  for  tracing  the  sequence 
of  instruments  by  which  the  Great  Seal  has  been  procured. 


Later  Charters  and  Diplomatic  Instrtiments         231 

diplomatic  attestations.  Thus  per  Barones  et  per  Libriim  Rubriim  de 
Scaccario  may  be  regarded  as  a  compendious  method  of  vouching  an 
appropriate  record  which  is  by  no  means  uncommon^  So,  to  save 
space  or  trouble,  formal  clauses  may  be  rendered  by  another  form  of 
expression,  as  Testibus  donmio  P.  Wiiitoniensi  et  aliis  scriptis  in  carta 
comitis  Hollandiae,anno  xiiij"^.  It  is  only  one  step  backwards  in  point 
of  practice  from  these  official  refinements  of  13th  century  Chancery 
clerks  to  the  age  when  men  called  the  Apostles  or  the  Deity  to 
witness  in  their  need. 

This  is  not  the  place  in  which  the  existing  classification  of  the 
Rolls  of  Chancery  can  be  properly  discussed.  The  facts  which 
chiefly  concern  the  student  of  Diplomatic  are  these.  Although  the 
only  distinctive  forms  of  diplomatic  composition  that  were  enrolled 
during  the  13th  and  14th  centuries  are  those  connected  with  charters 
and  writs,  it  is  well  known  that  there  are  several  important  series 
of  enrolments  in  addition  to  the  Charter  Rolls,  Patent  Rolls  and 
Close  Rolls^'. 

Indeed,  just  as  at  the  beginning  of  the  13th  century  the  great 
Exchequer  Pipe  Roll  began  to  throw  off  separate  membranes  as  a  new 
and  extensive  series  of  "  Foreign  Accounts*,"  so  for  a  like  convenience 
of  official  reference  new  series  of  Chancery  Rolls  were  formed  for  the 
entry  of  instruments  connected  with  special  affairs  of  State  such  as 
Foreign  Policy*,  Trade*,  Revenue^  Parliament*  and  the  conventional 
exercise  of  the  royal  prerogative  in  several  directions*.  Apart  from 
these   recognized    subjects    we    may   meet    with    others    of    casual 

'  Chancery  Files,  9  Ric.  II.  The  reference  to  the  Red  Book  is  to  the  writ  De  Prerogative 
Regis  in  the  levying  of  debts,  which  was  here  vouched  in  a  case  recorded  in  K.  R.  Memor. 
Trin.  9  Ric.  II  rot.  12.  Cf.  also  the  form  of  pleading  in  which  a  party  se  mette  sur  les 
liveres  del  Eschekere,  whilst  in  the  common  departmental  minute  per  memoranda  of  a  certain 
term,  we  have  a  mere  reference  to  the  official  enrolment. 

'  Pat.  14  John  m.  1'',  an  enrolment  of  a  bond  of  service. 

'  Some  of  the  enrolments  are  apparently  interchangeable,  as  in  the  case  of  the  Close  and 
Liberate  Rolls,  and  are  even  duplicated  V)y  an  Exchequer  series  as  in  the  case  of  the  latter 
enrolments  and  to  some  extent  by  the  various  "  Extract  Rolls." 

■•  See  P.  R.  O.  Indexes  and  Lists,  No.  xi. 

•  The  Norman,  French,  Cascon,  Almnin,  Roman,  Scottish,  Irish,  Welsh  Rolls. 

•  Staple  Rolls,  Exchange  Rolls,  the  latter  being  supplemented  by  the  Passage  Rolls 
which  record  the  practice  of  an  early  period. 

'  Liberate  Rolls,  Fine  Rolls,  the  former,  however,  being  again  supplemented  by  other 
forms  of  enrolment. 

•  Parliament  Rolls,  Statute  Rolls.  As  to  the  omission  of  enrolling  the  earliest  statutes 
cf.  G.  J.  Turner  in  R.  Hist.  Soe.  Trans.  (3)  I.  109,  cf.  Red  Book  of  the  Exchequer, 
p.    ccclxviii. 

•  Pardon,    Protection,    Passage,    Fine   and    Oblate,    Surrender,    Dispensation    Rolls. 
Special  forms  of  Protection  were  also  entered  in  the  Plea  Rolls  of  the  King's  Court. 


232  Later  Charters  and  Diplomatic  Instruments 

importance  amongst  the  Miscellaneous  Rolls  of  the  Chancery  above 
referred  to\ 

The  extent  and  scope  of  the  several  series  of  Chancery  enrol- 
ments have  been  most  conveniently  and  lucidly  set  forth  in  the 
official  "  Guide."  It  may  be  of  further  interest,  however,  to  the  student 
to  ascertain  the  diplomatic  character  of  the  several  instruments 
entered  in  these  Rolls  and  the  general  departmental  system  of 
enrolment.  The  vicissitudes  experienced  by  the  Royal  Charter  in 
this  connexion  will  be  presently  referred  to  in  an  account  of  the 
evolution  of  the  "substituted  charter"  in  the  shape  of  Letters  Patent, 
but  the  subject  is  capable  of  considerable  development.  Again,  it 
will  be  found  that  many  writs  and  other  instruments  under  the  Great 
Seal  are  not  entered  at  all,  and  no  satisfactory  explanation  of  the 
procedure  in  point  seems  to  be  forthcoming^ 

But,  however  great  the  convenience  of  these  .separate  series  at  the 
date  of  enrolment,  the  advantage  is  not  so  obvious  at  the  present 
day.  In  fact  we  can  easily  notice  a  reaction  in  the  direction  of 
greater  concentration  before  the  close  of  the  mediaeval  period  of 
enrolment.  Of  the  "  Treaty  Rolls "  which  are  represented  in  the 
reign  of  Edward  I  by  eight  different  series,  only  two  were  in  official 
use  at  the  date  of  the  second  coronation  of  Henry  VI.  Within  two 
years  of  the  battle  of  Flodden,  the  Scotch  Rolls  came  to  an  end, 
leaving  the  French  Rolls  to  represent  a  specialized  department  of  the 
Chancery,  which  produced  enrolments  fitfully  till  1668  and  entry 
books  down  to  an  uncertain  date  in  the  1 8th  century*.  Of  the  rest 
the  Exchange  and  Liberate  Rolls  together  with  the  Redisseisin 
Rolls  end  in  the  reign  of  Henry  VI,  whilst  the  Rolls  of  Statutes 
were  superseded  by  a  new  Parliamentary  Record  in  the  reign  of 
Henry  VII. 

On  the  other  hand  the  Fine  and  Pardon  Rolls  are  continued  to 
the  Stuart  period,  whilst  from  the  i6th  century  the  regular  series  of 

^  It  is  scarcely  necessary  to  include  such  temporary  and  irregular  series  as  the  Praestila 
and  Misae  Rolls  of  King  John's  reign,  whilst  the  Coronation  Rolls  like  the  Parliament  Rolls 
themselves  are  really  records  of  a  curial  nature. 

^  Many  "returnable"  writs  were  evidently  intended  for  preservation  on  the  Chancery 
files  and  possibly  for  enrolment  in  the  parvi  roluli  now  known  as  the  Chancery  Miscellaneous 
Rolls,  both  of  which  series  are  evidently  only  the  wreckage  of  a  large  collection.  A  similar 
deficiency  in  later  times,  in  the  case  of  the  Treaty  Rolls,  can  be  explained  by  the  neglect  of 
the  prothonotary  of  the  Chancery  (whose  office  had  become  a  mere  sinecure  in  the  i8th 
century)  to  enter  instruments  that  were  formerly  preserved  by  enrolment  in  this  series. 
Some  of  these  "Commissions,"  cS;c.  are  entered  in  the  Secretaries'  Entry  Books  (cf. 
below,  p.  279.) 

*  Cf.  Reports  on  Chancery  Offices  1740  and  1816  under  "Prothonotary."  Also  Reports 
on  Public  Records,  1800  and  1837  under  "Chancery." 


Later  Charters  and  Diplomatic  Instruments         233 

Patent  and  Close  Rolls  are  supplemented  by  other  special  collections. 
In  this  later  period,  however,  as  in  the  earlier,  enrolments  are 
sometimes  found  to  have  been  made  specialiori  modo  in  an  un- 
expected quarter.  Thus  the  enrolment  of  the  Proclamations  of 
Henry  VIII  announcing  the  changes  in  the  royal  style  consequent 
on  the  successive  adoption  of  the  formulas  Fidei  Defensor,  Ecclesiae 
Ang'iicanae  Stipremum  Caput,  and  Hiberniae  Rex  is  found  in  the 
Judgment  Rolls'  of  the  King's  Bench. 

It  may  be  stated  as  a  general  proposition,  that  whilst  the  various 
instruments  enrolled  elsewhere  than  in  the  series  of  Charter  Rolls, 
Patent  Rolls  and  Close  Rolls  are  to  be  regarded  equally  with  the 
latter  as  charters,  writs  or  letters  under  the  Great  Seal,  their 
diplomatic  composition  is  often  of  a  wholly  abnormal  character^ 
This  is  especially  noticeable  in  the  case  of  the  so-called  "  Treaty 
Rolls,"  above  referred  to.  In  this  large  group  of  enrolments,  in 
addition  to  the  usual  Letters  Patent  of  Protection  and  Safe-conduct, 
Licences  and  various  species  of  Letters  Close,  including  even  some 
relating  to  Exchequer  business,  we  shall  find  many  unconventional 
forms  and  a  large  proportion  of  instruments  connected  with  diplomacy 
which  are  frequently  of  a  notarial  character. 

In  other  cases,  a  special  form  of  enrolment  may  be  indicative  of  a 
distinct  diplomatic  construction,  as  in  the  case  of  the  Parliament 
Rolls,  Statute  Rolls,  Coronation  Rolls,  Dispen.sation  Rolls,  and 
Redisseisin  Rolls  or  may  merely  denote,  in  the  form  of  Letters 
Patent  or  Close,  a  special  subject  of  ministerial  interest,  as  in  the  case 
of  the  Exchange  Rolls,  Fine  Rolls,  Scutage  Rolls,  Pardon  Rolls  and 
Protection  Rolls*. 

In  the  case  of  some  other  enrolments,  although  it  may  be  possible 
to  trace  the   forms   of  many  diplomatic   instruments   amongst   the 

»  Hil.  13  Hen.  VIII,  rot.  14.  Hil.  26  Hen.  VIII,  rot.  1.  Hil.  33  Hen.  VIII, 
rot.   I. 

*  Since  this  was  written  the  greater  number  of  these  temporary  series  have  been  arranged 
as  supplementary  to  the  great  series  of  Patent  and  CK)se  Rolls.  In  addition  to  these  a 
numljer  of  Extract  Rolls  have  been  describe*!,  l)eing  only  secondary  compilations  like  the 
duplicate  Patent  and  Close  Rolls  which  have  also  l)een  properly  placed. 

^  This  is  especially  noticeable  in  the  case  of  the  group  of  fiscal  instruments  defined  as 
early  as  the  nth  century  (Dialogus,  i.  vi)  and  entered  in  turn  on  the  Close  Liberate  and  even 
on  the  Gascon,  Norman  and  Exchequer  Rolls  of  the  13th  century.  The  Parliament  and 
Coronation  Rolls  may  be  regarded  as  the  Records  of  I^roeessits  lanffentes  Refpiuin.  The 
Redisseisin,  Exchange  and  Dispensation  Rolls  appear  to  be  the  official  products  of  certain 
Statutes.  In  the  case  of  the  last-named  we  have  what  is  ostensibly  an  ecclesiastical  diploma 
{i.e.  a  licence  or  faculty),  but  this  was  incomplete  without  confirmatory  letters  Patent  which 
are  also  enrolled.  The  writs  of  Redisseisin  and  the  Licences  and  Passes  as  they  are  entered 
on  the  Exchange  Rolls  are  for  the  most  part  in  the  form  of  departmental  memoranda. 


234         Later  Charters  and  Diplo7itatic  Instruments 

entries  1  which  have  been  previously  referred  to  as  departmental 
minutes  or  docquets"^,  we  shall  gain  but  little  diplomatic  knowledge 
from  a  study  of  their  extended  forms.  In  this  connexion  it  may  be 
remarked  that  there  have  been  few  greater  hindrances  to  the  scientific 
study  of  historical  sources  than  the  practice  which  prevails  so  largely 
in  the  present  day  of  describing  particular  diplomatic  documents  by 
technical  titles.  Such  terms,  for  example,  as  a  "  Foundation  Charter," 
an  "  Inspexitnusl'  a  "  Creation "  or  a  "  Conge  d'elire  are  doubtless 
thoroughly  descriptive,  whilst  it  is  equally  convenient  to  distinguish 
common  and  recurring  forms  by  such  titles  as  "Commissions," 
"  Precepts,"  "  Mandates,"  and  the  like.  It  is  not,  of  course,  intended 
that  these  conventional  titles  should  stand  alone  in  the  vocabulary 
of  Diplomatic,  neither  do  we  desire  that  they  should  be  regarded 
as  anything  more  than  varieties  of  recognized  diplomatic  species. 
Nevertheless  few  students  who  have  not  made  a  special  study  of  the 
Chancery  Records  can  at  once  appreciate  the  fact  that  documents 
described  as  "  Commissions,"  "  Precepts "  or  "  Mandates "  may  be 
more  or  less  interchangeable  forms  of  Letters  Patent,  Letters  Close  or 
departmental  writs  ;  that  an  Inspeximus  may  be  issued  in  the  form 
of  Letters  Patents,  or  again  in  the  very  different  form  of  a  royal 
charter  of  confirmation. 

A  simple  remedy  for  this  confusion  of  terminology  would  be 
found  in  the  consistent  use,  by  experts,  of  the  specific  titles  of  diplo- 
matic documents,  the  descriptive  title  being  added  in  parenthesis. 
Thus  we  should  speak  of  "Letters  Patent  (Commission),"  "Letters 
Patent  (Mandate),"  "  Letters  Close  (Mandate),"  "  Letters  Patent  (/«- 
speximus),"  "  Charter  of  Confirmation  {Inspeximus)"  and  so  forthl 

The  special  descriptions  referred  to  are  not  indeed  confined  to 
instruments  issued  under  the  Great  Seal,  but  are  applied  equally  to 
writs  under  the  Smaller  Seals  and  even  the  Sign  Manual.  Here  the 
occurrence  of  alternative  forms  makes  the  use  of  a  precise  terminology 
especially  important,  otherwise  the  student  will  be  in  danger  of 
regarding  "  Benevolences "  and  "  Passes "  as  specific  forms  equally 
with  "  Privy  Seals "  and  Sign  Manual  Warrants.  Again,  the  in- 
evitable changes  in  constitutional  and  legal  procedure  effected  by 
statute  or  ordinance  produced  a  new  crop  of  diplomatic  terms  before 

1  The  Fine  and  Oblate  Rolls  (mediaeval)  and  the  Fraestila,  Misae  and  Extract  Rolls. 

^  Cf.  above,  p.  230. 

^  For  the  various  forms  of  Letters  Patent  in  the  reign  of  King  John  see  Rot.  Litt.  Pat.  i. 
iv.  sq.  The  facility  with  which  technical  titles  may  be  supplied  for  common  instruments  can 
be  seen  in  a  formula  book  of  the  i8th  century  (Harl.  6702)  as  well  as  in  the  old  handbooks 
of  legal  practice  known  as  the  "Complete  Clerk,"  lic- 


Later  Charters  and  Diplomatic  Instruments         235 

the  middle  of  the  i6th  century,  whilst  the  presence  of  bi-lingual  or 
even  tri-lingual  versions  of  a  common  form  has  increased  the  general 
confusion  ^ 

The  term  "  Licence,"  for  example,  is  applied  to  several  species 
of  instruments,  each  of  which  exhibits  noticeable  variations.  The 
later  Chancery  Enrolments  from  the  i6th  century  onwards  have 
indeed  owing  to  this  altered  terminology  a  somewhat  unfamiliar 
aspect,  though  the  forms  of  many  typical  instruments,  such  as  Offices, 
Creations  and  Commissions  can  be  traced  back  to  a  very  early 
date*.  As  for  the  files  and  entry  books  of  the  Smaller  Seals  and  the 
Sign  Manual  during  the  same  modern  period  it  must  be  said  that 
they  are  greatly  disfigured  by  an  official  terminology  which  can 
only  be  described  as  diplomatic  slang.  Here,  again,  it  might  seem 
desirable  to  employ  the  diplomatic  descriptions,  which  are  fortun- 
ately applicable  from  first  to  last,  indicating  the  cant  official  title 
in  a  parenthesis. 

{b)     Charters  and  Confirmations. 

Although  the  essential  formulas  of  the  royal  charter  can  be  clearly 
recognized  from  the  reign  of  Henry  H,  a  few  final  touches  remained 
to  be  added  before  the  typical  mediaeval  instrument  reached  its  full 
development  at  the  beginning  of  the  13th  century. 

These  additions  will  be  most  noticeable  in  respect  of  the  Initial 
and  Final  Protocols  which  usually  indicate  any  important  changes  in 
the  political  position  of  the  sovereignty  or  in  the  official  practice  of 
the  Chancery.  To  such  natural  transmutations  must  be  further 
added  the  effects  of  the  final  development  of  the  legal  or  feudal 
theories  which  had  governed  the  conditions  of  royal  grants  from 
a  much  earlier  date. 

On  the  whole,  the  changes  both  in  style  and  theory  do  not  amount 
to  very  much,  partly,  perhaps,  because  the  necessity  for  their  intro- 
duction is  obvious. 

The  changes  in  the  royal  style  which  took  place  at  the  beginning 

'  The  fact  of  the  interchange  of  titles  in  the  case  of  Charters,  Confirmations,  Letters 
Patent,  Letters  Close  and  general  writs  under  the  Great  Seal,  &c.  and  even  of  Writs  and  I.etters 
under  the  Smaller  Seals  and  Sign  Manual,  is  sufficiently  known.  It  may  be  observed,  how- 
ever, that  although  the  same  administrative  effect  is  frequently  protlucetl  by  several  distinct 
forms  of  instruments  this  is  not  always  the  case.  A  concordance  of  these  parallel  forms 
would  be  of  interest  and  value. 

•  The  evolution  of  the  conventional  "Office"  and  "Commission"  can  be  traced  by  a 
comparison  of  specimens  dated  in  the  reigns  of  Henry  M,  John,  Edward  II,  Henry  VIII, 
and  George  II.     See  Formula  Book,  No.  53. 


236         Later  Charters  and  Diplomatic  Instruments 

of  the  reign  of  John  form  the  most  famih'ar  feature  of  the  "con- 
ventional charter  "  of  the  1 3th  century.  That  is  to  say,  the  primitive 
designation  of  the  "  King  of  the  English,"  &c,,  gives  place  to  the 
feudal  title  of  the  "  King  of  England."  The  secondary  terms  of  the 
royal  Superscriptions  during  the  following  century  are  regulated  by 
purely  political  considerations  which  involve  from  time  to  time  the 
omission  of  the  titles  Dux  Normanniae  and  Comes  Andegaviae  and 
the  acquisition  of  those  of  Doniinus  Hiberniae,  Dux  Aquitaniae,  and 
even  of  Rex  Franciae^.  The  Address  now  regularly  includes  the 
Priors  in  addition  to  the  Abbots,  and  usually  substitutes  ballivis  for 
minis  tris. 

The  Notification  is  invariably  in  the  plural  person,  perpetuating 
an  innovation  begun  in  the  last  reign,  and  the  Exposition  takes 
the  form  of  a  definite  "  Movent  clause^."  Here  the  consideration 
expressed  reflects  the  condition  or  merits  of  the  recipient  of  the  grant, 
whilst  a  religious  motive  is  also  expressed  under  appropriate  circum- 
stances. 

In  the  Dispositive  clause  the  essential  words  remain  the  same, 
but  their  arrangement  is  now  regulated  according  to  a  stereotyped 
formula  in  the  typical  feoffment  of  the  period.  That  is  to  say,  the 
words  of  concession,  concessisse  et  hac  carta  nostra  confirmasse,  are 
indicative  of  the  nature  of  the  grant,  whilst  the  Habendtmi  et  tenendum 
clause  defines  its  conditions  or  determines  its  extent,  the  Disposition 
being  thus  divided  into  two  more  or  less  distinct  portions.  Following 
these  we  have  an  injunctive  Final  clause  beginning  with  the  conven- 
tional Quarevolumns,  but  now  systematically  reciting  the  tenor  of  the 
Dispositive  clause,  concluding  with  the  general  reference  siciit praedic- 
tum  est.  Besides  this  injunctive  clause,  there  are  often  other  Final 
clauses  relating  to  the  usual  Reservations  of  accustomed  service  with 
traces  of  a  Remainder  clause  and  Warranty  which  are  in  keeping 
with  the  new  litigious  relations  between  the  crown  and  its  feudal 
tenants^ 

In  the  Final  Protocol  the  formula  Data  per  manum — Cancellarii 
nostri  introduced  under  Richard  I  is  replaced,  after  the  minority  of 
Henry  HI,  by  the  well-known  innovation /^r  manum  nostram,  whilst 
the    regnal    date   is    exclusively   employed.      No   variations   of  any 


^  See  Formula  Book,  sections  i  and  n,  and  Hardy,  Rot.  Chart,  Preface. 

*  Of  purely  constitutional  interest  is  the  frequent  use  of  the  clause  intimating  the  consent 
of  Parliament  (cum  consensu  prelatoriim,  ^'c.  in  praesenti  Parliatnento)  inserted  before 
concessisse. 

*  Cf.  below,  p.  244. 


Later  Charters  and  Diplomatic  Instruments         237 

importance  occur  in  respect  of  the  attachment  of  the  Great  Seal 
which  is  always  pendent  (by  cords)  from  the  folded  margin  ;  but  now 
for  the  first  time  a  purely  official  formula  is  found  in  the  shape  of 
a  departmental  memorandum  describing  the  means  by  which  the 
execution  of  the  instrument  was  procured >.  It  must  be  remembered, 
however,  that  there  is  a  well-marked,  though  somewhat  obscure,  period 
of  diplomatic  inactivity  during  the  minority  of  Henry  III.  From 
November  12 18  to  January  1227  no  charters  were  issued  under  the 
Great  Seal,  and  there  is  a  corresponding  gap  in  the  Charter  Rolls 
for  the  first  eleven  years  of  the  reign.  Neither  can  we  assume, 
as  in  the  case  of  the  earliest  Chancery  Rolls  of  the  previous  reign*, 
that  the  disuse  of  Royal  Charters  was  accompanied  by  an  increased 
activity  in  the  issue  of  Letters  Patent.  It  is  true  that  the  Great  Seal 
of  Henry  III  begins  "to  run"  in  12 18,  and  that,  as  far  as  Letters 
Patent  or  Close  are  concerned,  there  are  no  outward  signs  of  an 
official  stagnation.  At  the  same  time  it  may  be  fairly  surmised  that 
till  1223  the  King  was  in  a  state  of  pupillage,  and  we  are  never  certain, 
in  default  of  original  instruments,  whether  the  current  "  Letters  "  were 
sealed  with  the  Great  Seal  of  the  Chancery'^  or  with  some  substituted 
seal  which  may  have  been  a  Smaller  Seal  or  even  the  counter  seal  of 
a  regents 

With  the  above  exception  the  form  of  the  conventional  charter 
is  well  maintained  during  the  whole  of  the  13th  century.  Before  the 
reign  of  Edward  II  several  slight  expansions  and  variants  can  be 
recognized,  and  these  show  a  tendency  of  Letters  Patent  and  other 
instruments  in  the  same  direction.  One  of  the  most  noticeable  of 
these  innovations  is  the  well-known  formula  de  gratia  nostra  speciali 
which,  possessing  a  special  constitutional  significance  from  the  reign  of 
Henry  IV,  occurs  as  early  as  that  of  Edward  II.  This  formula,  how- 
ever, although  it  was  much  affected  by  the  Continental  chanceries, 
is  not  completed  till  the  next  century  by  the  addition  of  the  words 
ac  ex  certa  sciencia  et  ntero  motit  nostris.  From  the  reign  of 
Edward  IV  it  is  employed  as  a  conventional  Movent  clause  in  typical 
grants,   whilst   a   further   variation    is    noticed    under    Henry    VII*. 

*  Per  breve  de  Privato  SigiUo,  &'c.     See  above,  p.  130. 

^  An  interesting  series  of  original  writs  in  Kxch.  of  Rect.  warrants  for  Issues,  B<lle  1, 
confirms  the  evidence  of  the  Chancery  enrohnenis  as  to  the  vicarious  attu>tation  of  royal 
instruments  during  this  minority. 

'  See  Formula  Book,  No.  1 16,  and  cf.  the  interesting  remarks  on  this  subject  by  Mr  F.  M. 
Powicke  in  A'.  //.  A",  xxill.  p.  uo.  Amongst  other  substituted  seals  we  find  that  of  the  City 
of  London  utilised  in  F'at.  5  Hen.  Ill,  m.  t*. 

*  Et  certis  cotniderationibus  ttos  specialiter  moventibus. 


238         Later  Charters  and  Diplomatic  Instruments 

Another  familiar  formula  which  dates  from  the  reign  of  Edward  II  is  the 
motive  expressed  in  Creations  or  Grants  of  Office* — pro  grato  et  laiida- 
bili  servicio  quod  dilectus  et  fidelis  noster  A.  nobis  Jiactenus  impendit,  an 
expectation  of  continued  service  being  often  added.  Another  ex- 
pansion {per praesentes)  which  became  fashionable  in  the  15th  century 
is  apparently  a  mere  variant  of  the  old  form  praesenti  carta  which 
had  been  to  some  extent  discontinued  since  the  reign  of  Henry  III.  Of 
a  purely  legal  character  is  the  Reservation  quantum  in  nobis  est, 
frequently  found  in  charters  of  pardon  and  licence,  as  well  as  in 
Letters  Patent  of  the  same  nature,  from  an  early  date,  and  the  develop- 
ment of  legal  procedure  in  the  13th  century  easily  accounts  for 
several  modifications  and  innovations  of  this  kind'^. 

From  the  middle  of  the  15th  century  the  florid  variants  in  the 
Narrative  and  Dispositive  clauses  of  certain  charters,  particularly  of 
Creations'  are  very  marked  ;  but  by  this  date  the  royal  charter  has 
become  a  mere  echo  of  the  Letters  Patent,  in  which,  from  the  first, 
many  eccentricities  of  style  were  allowed.  The  Address  of  the  later 
charter  was  also  subject  to  variation.  Dukes  are  added  to  the  usual 
list  under  Edward  III,  but  still  later  the  Address  was  frequently 
modified  in  several  particulars,  as  the  circumstances  of  the  case 
might  demand.  Thus  Constables  are  included  in  the  case  of  charters 
to  towns,  just  as  Foresters  were  included  in  the  Disafforestation 
charters  of  the  12th  and  13th  centuries.  Again,  the  Universal 
Address  at  the  close  of  the  15th  century  had  become  still  more 
explicit,  but  on  the  other  hand,  an  Address  that  is  appropriate  to 
a  Charter  is  sometimes  found  at  this  date  to  be  followed  by  execu- 
tion in  the  style  of  Letters  Patent.  Finally,  we  may  notice  that 
before  the  disuse  of  royal  charters  in  15 16,  the  ancient  injunctive  Final 
clause  {Quare  voluimis)  is  lost  to  sight  in  the  presence  of  the  new 
statutory  clauses  designed  for  the  protection  of  royal  interests  against 
greedy  and  unscrupulous  supplicants,  which  also  afforded  the  deserving 
grantee  some  immunity  from  legal  chicanery  and  official  extortion ^ 

*  This  is  sometimes  preceded  by  a  clause  closely  resembling  a  Preamble. 

"^  It  will  be  noticed  that  in  the  case  of  the  numerous  enlargements  of  the  later  grants  by 
means  of  new  paragraphs  beginning  Insiiper,  Pmterea  or  Ulterms,  the  Movent  and  Dispositive 
clauses  are  usually  repeated  in  each  case,  thus  removing  the  objection  to  similar  digressions 
taken  in  the  case  of  Anglo-Saxon  and  Anglo-Norman  charters  (cf.  above,  p.  224). 

*  e.g.  Ordinavimus,  constihiinms .,  apptincta,vivius,  ereximits,  ^'c.  cf.  Habendum,  tenendum, 
utendum  et  gaudendum,  iSr=f.  In  some  cases  the  variants  are  of  a  simpler  nature,  as,  in  tarn 
amplis  modo  et  forma,  &=€.  which  is  concise  by  comparison  with  the  Anglo-Norman  Ita  bene,  Src. 

*  e.g.  Eo  quod  expressa  metitio,  Ss'c.  by  virtue  of  the  Statutes  i  Henry  IV  and  18 
Henry  VI  (cf.  Kot.  Pari.  111.  376  a).  The  other  well-known  clauses  above  referred  to  are 
Et  de  data  prcedicta  (according  with  the  date  of  expedition  of  the  Privy  Seal  Warrant),  Non 
obstante  aliijuo  statuto,  af'c.  and  Et  hoc  absque  Jine,  &^(r.  in  Cancellaria,  ^sr'c. 


Later  Charters  and  Diplo?natic  Instruments         239 

One  of  the  most  interesting,  but  at  the  same  time  one  of  the  most 
obscure  incidents  in  the  evolution  of  the  charter  is  connected  with  the 
gradual  displacement  of  the  conventional  form  by  a  substituted  in- 
strument. This  is  the  Patent,  in  its  familiar  sense,  which  has  achieved 
a  virtual  supremacy  over  the  ancient  charter  before  the  close  of  the 
13th  century.  At  first  this  dual  method  of  diplomatic  composition 
was  the  cause  of  some  confusion.  Indeed,  in  certain  cases  a  grant 
which  should  have  been  made  in  the  form  of  a  charter  was  executed 
in  the  style  of  Letters  Patent.  Entries  of  such  grants  may  be  found 
on  the  Chancery  Patent  Rolls,  cancelled,  with  the  note,  Quia  in 
rotulo  Cartarum.  At  the  same  time  it  should  be  observed  that  these 
grants  were  not  only  sparingly  made  before  the  reign  of  Edward  I, 
but  also  in  most  cases  they  are  of  an  exceptional  nature.  Charters 
conveying  grants  of  hereditaments  or  liberties  to  ecclesiastical  or 
lay  corporations  are  still  made  out  in  the  ancient  form,  but  gifts  of 
forfeited  estates ^  provision  made  for  the  support  of  royal  princes 
or  household  officers,  custodies  and  estates  not  granted  in  perpetuity, 
were  considered  fair  subjects  for  the  issue  of  Letters  Patent-.  These 
instruments  were  also  used  for  recording  contracts  or  other  financial 
transactions  between  the  crown  and  the  subjects,  and  in  such  cases  it 
is  not  unusual  to  find  Noveritis  as  a  notification  in  place  of  Sciatis, 
according  to  an  earlier  precedent. 

On  the  whole,  however,  the  form  of  these  Letters  Patent  is  far 
more  regular  and  consistent  than  that  of  the  royal  missives  to  which 
the  same  title  is  applied.  This  perhaps  is  the  reason  why  the  former 
out-lived  the  latter  in  the  possession  of  that  title,  ousting  them  from 
the  stately  membranes  of  the  Patent  Rolls  to  a  humbler  place 
amongst  the  bundles  of  State  Papers  for  the  Tudor  and  Stuart  periods. 
Nevertheless,  the  most  artificial  form  of  Letters  Patent  of  donation 
can  only  be  regarded  as  a  substitute  for  the  conventional  formulas  of 
the  charter,  and  even  the  florid  expansions  of  these  new  instruments 
are  merely  refinements  of  an  earlier  diplomatic  practice*.  As  early  as 
the  reign  of  Henry  III  we  meet  with  specimens  of  Letters  Patent 
eleganter  scriptae*  in  the  style  of  the  Papal  Curia  and  in  the  pedantic 
atmosphere  of  the  Court  of  James  I  the  Patent  employed  to  confer  a 
dignity  or  office  had  become  a  Euphuistic  essay*.    Indeed  it  might  be 

'  These,  however,  might  be  made  by  Letters  Close  for  livery  of  seisin. 

*  Cf.  Formula  Book,  pp.  14,  54. 

•  Many  of  the  grants  to  royal  princes  or  favourites  contain  elaborate  provisos  and 
reservations,  cf.  Quod  Aaer  gratia  noslra  non  cedat  in  prejudicium  vet  txherfditationtm,  rtl 
trahatur  in  consequentiam,  &'c.     Cf.   Formula  Book,  No.  44. 

^  I'al.  45  lien.  Ill,  m.  4  in  tedula. 

"  Some  of  these  embody  discourses  on  various  points  of  scholarship. 


240         Later  Charters  a?id  Diplomatic  Instruments 

fairly  questioned  whether  the  charter  of  the  15th  century  has  derived 
its  variations  from  the  Patent  or  whether  these  have  been  simply 
copied  from  the  charter  itself  by  the  latter  instruments  Perhaps  the 
soundest  view  of  the  matter  is  that  the  really  characteristic  formulas  of 
the  Patent  writ  are  the  Address  and  especially  the  Attestation.  The 
gradual  omission  in  both  Charter  and  Patent  of  a  distinctive  In- 
junction- and  the  occasional  use  of  a  common  Attestation  indicate  the 
approaching  amalgamation  of  the  two  instruments  as  early  as  the  last 
decade  of  the  15th  century. 

It  is  well  known  that  in  its  latest  phase  the  Patent  is  concerned 
only  with  grants  of  dignities,  offices  and  privileges,  the  reason  for 
this  being  found  in  the  constitutional  limitations  imposed  upon  the 
royal  prerogative  in  respect  of  the  crown  lands ^  But  long  before  the 
advent  of  the  Civil  List  the  number  of  the  royal  grants  of  land  had 
fallen  in  keeping  with  the  exhausted  resources  of  a  personal  monarchy. 

The  suggestion  has  frequently  been  made  that  the  custom  of  con- 
firming royal  charters,  especially  in  the  case  of  municipal  corporations, 
may  be  derived  from  the  practice  of  the  Roman  Empire^  As,  however, 
this  supposed  analogy  is  not  confirmed  by  diplomatic  evidence,  it  need 
scarcely  be  considered  here.  Some  difficulty  might  even  be  found  in 
discovering  satisfactory  precedents  for  such  Confirmations  under  the 
Anglo-Saxon  monarchy,  since  the  reputed  Confirmations  of  this  period 
are  not  only  of  doubtful  authenticity,  but  must  be  regarded,  in  some 
cases  at  least,  rather  as  Innovations  than  as  Confirmations^  It  is, 
indeed,  not  unreasonable  to  conjecture  that  the  very  irregularity  which 
has  been  noticed  in  the  case  of  the  earlier  post-Conquest  Confirma- 
tions" is  indicative  of  a  novel  practice.  As  late  as  the  reign  of  King 
John  a  conventional  formula  is  not  invariably  used.  The  Confirma- 
tions of  the  latter  part  of  the  12th  and  of  the  early  years  of  the 
13th  century  are,  however,  equally  characterised  by  simplicity  of  form. 

^  Above,  p.  238.  After  the  disuse  of  the  conventional  charter  in  1516  these  variations 
are  continueS  with  equal  facility  by  the  clerks  of  the  Patents.  As  late  as  the  i^eign  of 
Charles  II  we  have  an  elaborate  Movent  clause  introduced  by  the  word  aim  and  the 
Dispositive  clause  is  divided  into  successive  paragraphs. 

'^  Et  ideo  voids  mandavius.  Similarly  the  later  charters  drop  the  distinctive  Injunction 
Quare  volumus,  dfc. 

^  I  Anne,  c.  i. 

*  Nouveau  Traite,  I.  176;  Hardy,  Rot.  Chart,  i.  iii. 

^  Apart  from  the  obviously  suspicious  character  of  these  transactions,  it  will  be  noticed 
that  the  existing  texts  are  almost  invariably  preserved  in  cartularies  or  chronicles.  Examples 
will  be  found  in  the  case  of  Winchester,  Canterbury,  Abingdon,  Croyland,  Peterborough, 
St  Paul's,  Chertsey,  &c.  Even  the  Worcester  register  (Heniing)  is  not  to  be  relied  on  in  this 
connexion. 

"  Formula  Book,  p.  41. 


Later  Charters  and  Diplomatic  Instruments         241 

In  these  instruments  two  devices  are  usually  employed.  By  the 
former  a  mere  notification  is  made  of  a  particular  or  general  concession 
on  the  same  terms  as  those  contained  in  a  previous  charter  or 
charters^  By  the  second  the  body  of  the  former  charter  is  re-issued 
in  almost  identical  words  with  new  protocols  for  the  royal  style  and 
attestation^  Finally,  it  may  be  observed  that  the  royal  Confirmations 
of  this  period  include  a  large  proportion  of  private  donations,  and 
numerous  individual  charters  may  be  included  in  a  single  Con- 
firmation '. 

Such  was  the  practice  of  the  English  Chancery  down  to  the  nth 
year  of  Henry  III,  when,  as  is  well  known,  a  new  expedient  was 
resorted  to.  This  change  was  perhaps  unconsciously  necessitated  by 
the  Proclamation  of  6  Nov.  12 18  forbidding  any  charter  or  grant  in 
perpetuity  to  be  issued  under  the  Great  Seal  by  reason  of  the  king's 
minority ^  This  was  followed,  as  we  have  seen,  in  January,  1227,  by 
the  further  announcement'  that  all  existing  charters  must  be  con- 
firmed under  the  new  Great  Seal,  in  compliance  with  which  we  must 
assume  that  the  Confirmations  entered  on  the  Charter  Rolls  of  this 
year  were  duly  executed. 

The  Inspeximus  used  for  this  purpose  was  perhaps  not  altogether 
a  new  device,  although  it  is  true  that  it  must  not  be  confused  with  the 
analogous  system  of  Viditrnts  employed  in  the  French  Chancery*. 
Whilst  we  may  safely  reject  the  picturesque  account  of  the  origin  of 
the  new  formula  in  the  reign  of  Henry  II,  which  is  preserved  in  the 
Chronicle  of  Battle  Abbey\  it  should  be  remembered  that  the  formula 

'  The  Sicut  clause,  cf.  p.  213  and  Formula  Book,  Nos.  36-43.  Since  this  was  written 
M.  L.  Delisle  has  made  some  interesting  remarks  on  the  subject  of  "innovated"  charters  in 
the  1 2th  century  (^Bibl.  de  r£cole  des  Charles,  loc.  ci/.). 

'  In  some  cases  this  was  intended  to  condone  the  effects  of  non-user,  covered  in  later 
charters  by  the  Licet  clause. 

'  Formula  Book,  No.  42. 

*  Pat.  3  Hen.  Ill,  m.  6. 

'  Close  II  Hen.  Ill,  pt.  1  m.  21''.  Possibly  a  large  portion  of  the  existing  collection  of 
official  transcripts  known  as  the  Cartae  Antiquae  was  prepared  at  the  Exchequer  in  this 
connexion.  .Similarly  the  Edwardian  transcripts  known  as  Deeds  Various  are  perhaps 
connected  with  the  proceedings  by  (^uo  Warranto  in  1278.  As  for  the  official  production  of 
charters  at  a  still  earlier  date  cf.  Dialogus,  i.  viii. 

*  It  has  been  argued  that  the  French  instrument  was  primarily  intended  for  the  innova- 
tion of  damaged  charters,  &c.  a  purpose  served  in  this  country  by  the  Exemplification, 
Constat  and  Innotescinius.  This,  however,  is  scarcely  a  just  distinction.  Curiously  enough 
the  Vidimus  has  played  a  useful  part  in  the  English  official  system  down  to  modem  times, 
since  certain  instruments,  notably  Protections  and  Passes,  were  duplicated  or  registered  by 
this  authority  and  are  still  described  as  vish. 

'  Ed.  1846,  p.  165,  where  we  have  an  extravagant  description  of  a  scene  in  the  Curia, 
about  1175.  to  furnish  a  plausible  occasion  for  one  of  the  forged  charters  of  this  house. 

H.  16 


242         Later  Charters  and  Diplomatic  Instruments 

Inspexi  was  occasionally  used  during  the  reign  of  John.  For  the  most 
part,  however,  the  Inspeximiis  was  a  confirmation  not  of  an  earlier 
grant,  but  of  a  Confirmation  of  that  grant,  for  comparatively  few 
original  charters  remained  unconfirmed  at  the  beginning  of  the  13th 
century.  As  the  chief  interest  of  the  Confirmation  itself  lies  in  the 
tenor  of  the  original  charter  which  it  perpetuates,  so  the  actual 
formulas  of  the  Inspeximus  contain  little  that  is  worth  our  attention. 
Indeed,  it  is  necessary  to  insist  that  beyond  the  ofificial  formulas 
which  enclose,  as  it  were,  the  original  instrument  recited,  the  formal 
Inspeximus,  like  the  Confirmation,  supplies  no  independent  variations 
of  diplomatic  construction  with  the  exception  of  an  occasional  addi- 
tion to  the  grant.  These  ofificial  formulas  will  be  found  in  the  case  of 
the  conventional  Inspeximus  to  consist  of  a  Notification,  which  gives 
its  title  to  the  instrument,  and  a  Dispositive  clause,  which  is  merely 
declaratory  of  the  act  of  confirmation.  This  official  pronouncement 
is  certainly  stronger  than  the  casual  allusion  of  the  earlier  Con- 
firmation, and  the  same  efi'ect  was  produced  by  the  further  expedient 
of  an  Inspeximus  by  Letters  Patent. 

The  substitution  of  this  new  form  for  the  conventional  Inspeximus 
is  a  fresh  triumph  of  officialism.  As  early  as  the  reign  of  Henry  III 
we  find  a  general  confirmation  of  civic  liberties  granted  as  an 
additional  clause  to  Letters  Patent  of  Protection'.  Possibly  we  have 
in  such  Letters  of  Protection  one  explanation  of  the  transition  from 
the  form  of  the  charter  to  that  of  the  writ  in  the  case  of  later 
Confirmations^  It  is  only  natural  to  suppose  also  that  the  difficulty 
(which  still  apparently  exists)  in  distinguishing  between  an  original 
grant  and  a  confirmation  of  an  earlier  period  may  have  suggested  to 
13th  century  clerks  the  use  of  a  purely  official  instruments  The 
mere  innovation  of  an  ancient  charter  with  the  necessary  changes 
of  style  and  date  was  liable  to  serious  abuse,  and  although  some 
confusion  seems  to  have  been  caused  by  the  substitution  for  the 
ancient  Confirmation  of  an  Inspeximus  by  charter  and  then  of 
the  ordinary  Patent  formula,  the  system  worked  smoothly  under 
the  skilful  administration   of  the   later   Chancery.     In   a   still    later 

^  Pat.  I  Hen.  Ill,  m.  i.  Omnes  barones  Londonia  habent  liUeras  patentes  doniini  Regis 
de  Ptotectione  addila  hac  clausula.  The  usual  formulas  of  a  conventional  charter  of  con- 
firmation follow. 

^  Similar  Letters  Patent  of  Protection  reciting  charter  formulas  are  sometimes  entered 
on  the  Charter  Rolls  of  this  reign.  In  the  reign  of  Henry  III  these  Protections  are  still 
found  in  the  form  of  charters. 

*  The  form  of  the  Inspeximus  by  charter  or  by  Letters  Patent  was  prescribed  by  an 
Ordinance  of  1285  printed  in  the  Statutes  from  the  Close  Roll  13  Ed.  I,  m.  7  in  cedula,  where, 
however,  it  is  no  longer  to  be  found. 


Later  Charters  and  Diplomatic  Instruments         243 

period  we  notice  a  tendency  to  revert  to  the  general  allusion  em- 
ployed in  the  earliest  type  of  Confirmations.  Here  a  succession 
of  eleemosynary  grants  may  be  compendiously  recited  and  admitted 
under  a  narrative  Exposition'.  It  will  be  found  that  the  special 
Dispositive  clause  of  the  charter  type  was  retained  in  substance  in 
the  new  Inspeximus  by  Letters  Patent-  and  reappears  with  suitable 
modifications  in  the  Exemplification,  the  Constat  and  the  Innotescimus. 
Of  these  the  first  may  possibly  have  been  derived  from  the  early 
custom  of  permitting  the  enrolment  of  private  muniments  on  payment 
of  a  fee.  We  know  that  copies  of  such  documents  were  carefully 
preserved  in  private  registers,  and  the  pleadings  recorded  in  the 
Courts  were  also  frequently  noted.  As  early  as  the  year  1372  the 
public  right  of  search  amongst  the  Records  was  successfully  asserted 
by  Parliament*,  and  this  included  facilities  for  Exemplifications. 
Again,  original  instruments  were  not  only  duplicated  as  a  pre- 
cautionary measure  from  an  early  period,  but  Exemplifications  were 
sometimes  obtained  from  a  like  motived  It  was  not  till  the  end  of 
the  14th  century  that  this  informal  practice  was  legalised  by  Statute", 
nor  did  it  reach  its  fullest  development  until  the  middle  of  the  i6th 
century*.  From  the  first,  however,  it  seems  to  have  been  understood 
that  the  Exemplification  was  properly  concerned  with  private  diplo- 
mata  and  legal  records.  The  innovation  of  royal  diplomata  was 
effected  by  a  special  instrument,  the  Constaf,  though  this  was  equally 
employed  for  certifying  other  records*. 

The  Innotescimus  was  used  in  a  less  ceremonious  fashion  and  may 
perhaps  be  regarded  as  a  mere  survival  of  the  older  Notitia  used  for 
a  special  purpose.  This  might  be  either  the  innovation  of  lost  charters, 
or  the  allowance  (or  suspension)  of  a  particular  privilege  {e.g.  the 
clause  Volumus  in  Letters  Patent  of  Protection).     The  Innotescimus, 

'  Nos  intelligentes  qualiter  doniinus,  &'c.  [Edwardus  /]  et  alii  progenitores  nostri  nuper 
Regis,  (5r»r.  Umporibus  suis,  separatim  et  successive,  per  litteras  suas  patattes,  ex  caritate  et 
elemosynis  suis,  concfsserint,  videlicet,  qiiilibet  eoruin  p>ro  tempore  sua,  &^c. 

-  The  Forma  Con/irmatiouis  above  referred  to  gives  suitable  formulas  for  different 
species  of  charters.  The  value  of  these,  however,  is  purely  legal,  and  the  form  of  Inspeximus 
and  execution  is  the  same  in  all  cases.  The  chief  interest  of  this  ordinance  lies  in  the 
alternative  formula  of  execution  of  a  charter  or  I^etters  Patent. 

"  Rot.  Pari.  II.  3I4K  *  Owens  Coll.  Hist.  Essays,  p.  loi. 

»  6  Ric.  II,  Stat,  i,  c.  4.  «  Stat.  3  and  4  Edw.  VI,  c.  4,  and  Stat.  13  Eliz.  c.  6. 

'  The  Constat  was  chiefly  used  ip  early  times  for  certifying  the  tenor  of  a  Record.  In 
later  times  charters  for  markets,  &c.  were  brought  into  evidence  by  means  of  this  certification 
(cf.  D.  of  L.  Drafts  of  Patents,  &c.  No.  53),  but  these  facilities  are  specially  applicable  to 
Letters  Patent. 

'  As  to  the  meaning  of  sub  pede  sigilli  in  this  connexion  cf.  L.  O.  Pike  in  A'",  and  Q. 
8th  Ser.,  xi.  303. 

16 — 3 


244         Later  Charters  and  Diplomatic  Instruments 

however,  was  also  used  for  granting  a  testimonial  or  diploma.  In 
these  instruments  the  Movent  and  Executive  clauses  contain  a  recital 
of  the  peculiar  circumstances  of  the  case\  but  the  line  drawn  between 
innovated  charters  and  those  that  were  often  produced  under  suspi- 
cious circumstances  and  presented  for  inspection  in  the  usual  way  can 
scarcely  be  distinguished  in  the  present  day.  Even  if  we  regard  the 
ordinance  of  1285  as  a  measure  of  reform,  this  implies  an  admission  of 
existing  abuses.  It  is  at  least  certain  that  no  adequate  scrutiny  was 
instituted  by  this  or  any  other  official  provision  for  the  confirmation 
or  renovation  of  former  grants,  and  it  is  doubtful  whether  a  critical 
apparatus  for  such  a  scrutiny  existed  in  this  country  before  the 
17th  century  I  Even  in  our  own  time  such  scrutiny  is  rarely  applied 
to  these  diplomata,  the  continued  use  of  which  as  an  unexpurgated 
source  of  national  history  is  to  be  regarded  with  sincere  regret. 

The  private  charters  and  other  diplomatic  instruments  which  form 
the  class  of  "  Ancient  Deeds  "  deposited  amongst  the  official  archives 
have  been  already  referred  to  as  extraneous  documents  only  indirectly 
connected  with  the  present  subjects  Previous  to  the  reign  of  King 
John  these  diplomata  are  almost  wholly  represented  by  specimens 
casually  acquired  by  the  crown  or  enrolled  for  a  mercenary  considera- 
tion. In  a  later  period,  however,  many  of  these  forms  are  either 
incorporated  in  royal  instruments*  or  are  used  independently  for  semi- 
official purposes^  The  sordid  view  of  the  later  Plantagenet  sovereign 
as  a  private  adventurer  and  sharp  practitioner,  as  a  borrower,  lender, 
fortune-hunter,  trafficker  in  bonds  and  sureties,  or  even  as  a  manipu- 
lator of  title  deeds  and  testaments",  has  a  new  interest  for  us  ;  but  the 
official  character  and  position  of  these  transactions  have  yet  to  be 
determined.  It  must  therefore  suffice  for  the  present  to  call  attention 
to  the  originals,  transcripts  and  enrolments  of  private  deeds  which 
have  been  preserved  in  vast  numbers  amongst  the  Records  of  the 
Exchequer  and  other  departments''.     The  semi-official  forms  above 

^  See  Formula  Book,  Nos.  45,  62. 

2  Cf.  the  instances  given  in  Hardy,  Rot.  Chart.  I.  vi,  to  prove  that  the  Chancery  had  a 
large  discretion  for  the  issue  of  charters  and  that  the  subjects  had  come  to  regard  the  issue 
of  certain  instruments  as  a  matter  of  course,  and  therefore  as  a  matter  of  right,  on  payment  of 
the  usual  fees,  except  in  the  case  of  unworthy  persons  or  for  illegal  purposes.  Very  much 
the  same  position  has  arisen  in  the  present  day  with  regard  to  the  issue  of  passports. 

3  Above,  p.  59.  •»  Cf.  Rot.  Chart.  (John),  passim. 
^  Cf.  Red  Book,  p.  cccxi,  and  Formula  Book,  p.  129  sq. 

®  e.g.  in  the  Libri  Munimentorum  of  the  Exchequer  (ed.  Palgrave,  Kalendars),  formerly 
connected  with  the  Wardrobe,  cf.  T.  F.  Tout  in  Transactions  R.  Hist.  Soc.  (N.  S.),  viil.  129. 

''  Deeds  Ettrolled  {Chz.ncexy,  King's  Bench  and  Common  Pleas).  Also  in  Exch.  Plea  and 
Memo.  Rolls  and  Augm.  O.  Books.  Also  (specialiori  ?nodo)  in  the  Exchequer  Registers. 
Similarly  in  the  Lesser  Courts  (Palatinates,  &c.)  and  Registries  of  Deeds. 


Later  Charters  and  Diplomatic  Instruments         245 

referred  to  may  be  found  in  the  rolls  of  the  Chancery  and  Exchequer 
and  in  the  precedent  books  of  those  Courts.  At  the  same  time  it 
will  be  possible  to  trace  the  influence  of  certain  of  these  instruments, 
drawn  with  consummate  skill  by  shrewd  and  learned  men  of  business, 
upon  the  forms  of  the  royal  Chancery  itself  The  legal  pedantry  (as 
some  would  call  it)  of  the  age  is  reflected  in  the  warranty  clauses  of 
royal  grants  and  in  the  releases  drawn  on  behalf  of  the  crown  in  its 
dealings  with  the  feudatories.  Doctors  learned  in  the  civil  and  canon 
law  drafted  conventions  with  foreign  princes  or  repartees  to  the  papal 
curia,  and  royal  merchants  introduced  refinements  in  the  bond  or 
recognizance  which  were  turned  to  good  account  in  official  circles. 
These  innovations  are  of  interest  if  only  because  they  serve  to  remind 
us  that  in  spite  of  the  decadence  of  the  ancient  diploma  the  art  of 
diplomatic  composition,  reinforced  by  legal  subtlety,  attains  its  highest 
point  of  development  at  the  close  of  the  13th  century.  It  is  well 
known  that  these  private  instruments  furnish  a  multitude  of  diplomatic 
forms.  But  although  the  terminology  of  these  is  well  established, 
a  detailed  description  of  their  diplomatic  construction  cannot  be 
attempted  here.  Reference  will,  however,  be  made  to  their  official 
position  elsewhere*.  The  study  of  their  diplomatic  composition  can 
be  facilitated  by  several  well-known  handbooks  and  by  recourse 
to  the  collection  printed  by  Madox". 

In  the  first  place,  then,  we  may  regard  direct  Feoff'ments  in  the 
shape  usually  of  single  charters  or  Deed-polls,  as  following  the 
same  plan  of  diplomatic  construction.  On  the  other  hand,  certain 
"  indirect "  Feoffments,  though  possessing  the  legal  quality  of  convey- 
ances, assume  a  diplomatic  form  which  is  closely  assimilated  to  that  of 
the  Convention.  These  "  indirect "  Feoffments  are  the  "  Release," 
"  Quit-claim,"  or  "  Surrender,"  whereas  the  true  Convention,  as  a 
covenant  or  contract,  includes  the  various  forms  of  "Concord,"  "Com- 
position," "Bond,"  "Oath"  and  "Letters  of  Attorney,"  many  of 
which  are  duplicate  charters,  known  as  "Cyrographs"  or  "Indentures" 
forming  a  great  class  of  "  Ancient  Deeds." 

Outside  these  two  main  groups  there  is  the  so-called  "  Certifi- 
cate," a  convenient  title  for  the  classification  of  an  irregular  diplomatic 
variant  of  the  "  Feoffment "  or  of  the  "  Convention  '."  The  "  Petition," 
with  the  "  Address "  or  "  Memorial,"  is  clearly  distinguished  by  its 
epistolary  character  even  when  employed  as  a  draft  in  the  preparation 
of  an  instrument  issued  under   the  Great  Seal.     These  documents, 

'  Appendix.  *  Formulare  Anglicanum. 

•  A  certificate  might,  however,  resemble  the  modem  document  so  called  as  a  statement  of 
facts  within  the  knowledge  or  belief  of  the  writer. 


246         Later  Charters  and  Diplomatic  Instruments 

however,  for  our  present  purpose  must  be  regarded   as  of  a  semi- 
ofificial  nature. 

Although  it  is  generally  assumed  that  the  royal  diplomata  served 
as  models  for  all  private  charters,  there  are  several  familiar  types 
of  public  instruments  which  are  apparently  derived  from  private 
forms^  These  instru«ients  it  will  be  further  noticed  are  connected 
with  the  official  practice  of  the  Courts  rather  than  with  the  procedure 
of  the  royal  Chancery  itself.  The  common  forms  of  the  "Convention" 
and  the  "Oath"  may  indeed  be  found  amongst  the  State  Papers  of  the 
earlier  period,  and  we  have  already  noticed  the  official  use  of  the 
forms  of  private  deeds  such  as  "Quit-claims,"  "Releases"  and  "Sur- 
renders." Again,  the  position  of  the  whole  body  of  diplomatic  instru- 
ments in  private  law  would  seem  to  render  this  question  of  precedence 
immaterial.  At  the  same  time  there  are  certain  types,  such  as  the 
"  Fine"  and  the  "  Recognizance,"  which  have  attained  a  paramount 
official  position  by  reason  of  their  frequent  employment  for  curial 
business,  for,  although  the  "  Fine "  is  essentially  a  legal  record,  its 
diplomatic  form  may  be  traced  back  for  several  centuries  as  a  "  Final 
Concord,"  "  Convention "  or  "  Composition,"  which  possesses  well- 
defined  diplomatic  features  of  its  ownl    The  " Recognizance V'  indeed, 

^  Many  such  conventions  in  connexion  with  diplomacy  and  politics  will  be  found  amongst 
the  Patent  Rolls  and  Treaty  Rolls  of  the  13th  century.  A  bond  for  faithful  service  was  a 
formidable  instrument  (cf.  Red  Book,  p.  cccx),  and  some  interesting  political  conventions 
may  be  seen  in  the  Charter  and  Patent  Rolls  of  the  reign  of  King  John.  A  familiar  instance 
of  the  private  Convention  adopted  for  official  purposes  will  be  found  in  the  case  of  the 
"Indenture  of  War,"  and  the  indentures  for  the  receipt  or  transfer  of  jewels  and  records 
(Palgrave,  Kalendars,  passim,  and  Formula  Book,  Nos.  147,  148J. 

^  The  "Fine,"  as  we  have  seen,  is  an  official  instrument  which  recalls  the  general  style 
of  the  Old  English  convention  though  it  derives  its  actual  formulas  from  the  Roman  law. 
For  its  connexion  with  the  diploma  of  the  12th  century  cf.  L.  Delisle,  Bibl.  de  t Ecole  des 
Chartes,  loc  cit.  The  reconstruction  of  this  "  inverted  diploma"  is,  of  course,  an  easy  task. 
In  its  judicial  aspect,  however,  the  "Fine"  must  be  regarded  as  a  record  of  the  King's  Court 
from  first  to  last.  That  is  to  say,  the  writ  to  commence  the  action  and  the  licence  to 
compound  it  are  essential  parts  of  the  proceedings  commemorated  in  the  "  principal  record  " 
or  cyrograph,  which  is  no  mere  home-made  charter,  but  compiled  on  the  same  plan  as  other 
formal  records.  On  the  other  hand,  we  have  the  analogy  of  the  Archa  Jtidaeorum,  and  the 
punctilious  execution  of  a  triplicate  Concord,  the  original  of  which,  formally  handed  in  for 
registration,  is  now  represented  by  the  official  "  Foot  "  (cf.  below,  p.  313). 

''  The  "Recognizance"  which  may  be  found  in  official  enrolments  or  entry-books  is 
frequently  of  a  purely  official  nature.  The  Bonds  entered  into  by  nearly  all  office-holders  furnish 
a  large  number  of  these  entries,  whilst  contractors  and  even  tenants  of  the  crown-lands  are 
represented  here.  In  later  times  the  simple  Bond,  or  the  Defeazance,  may  be  replaced  by  a 
statutory  Warrant  of  Attorney  or  Cognovit,  namely  a  bond  given  by  a  debtor  for  the  purpose 
of  enabling  a  creditor  to  secure  preferential  treatment  against  other  creditors,  and  many 
thousands  of  these  Warrants  were  filed  amongst  the  records  of  the  King's  Bench  and 
Common  Pleas.  Far  more  interesting  instruments  of  this  nature,  however,  were  those 
executed  under  the  Statute  of  Merchants  of  1283  and  the  Statute  of  the  Staple  of  1353,  the 
certificates  for  which  are  referred  to  below. 


Later  Charters  and  Diplomatic  Instruments         247 

differs  but  little  in  its  diplomatic  composition  from  the  "Bond,"  though 
the  conventional  style  is  fixed  at  an  early  date,  and  this  conventional 
form  in  turn  serves  as  a  model  for  later  judicial  and  commercial 
instruments  such  as  the  "  Affidavit,"  "  Mainprise"  and  the  "Statute 
Stapled"  Moreover,  Recognizances  are  consistently  enrolled,  a  circum- 
stance which  lends  an  official  character  to  other  instruments,  including 
"Letters  of  Attorney"  and  "Oaths'^."  Another  class  of  semi-official 
documents  is  of  a  still  more  miscellaneous  character.  These  are  the 
Certificates  made  out  by  various  local  officers  in  compliance  with  some 
statute  or  departmental  routine.  During  the  mediaeval  period,  how- 
ever, such  instruments  if  not  made  as  returns  to  Inquisitions'  were 
usually  in  the  form  of  Deeds,  Letters  Patent,  or  Signed  Bills*.  Some 
later  types  will  be  familiar  in  the  case  of  "  Certificates  of  Residence'," 
"Blood-Money  Certificates,"  Sheriffs'  "Bills  of  Cravings*,"  "Certificates 
of  Musters'","  "  Sacramental  Certificates',"  "  Passing  Certificates","  and 
many  others.  None  of  these  Certificates  were  enrolled  in  the  Chancery 
since  the  originals,  made  out  by  local  officers,  were  intended  for 
preservation".    In  some  cases,  however,  documents  of  this  nature  were 

^  Amongst  the  earliest  and  most  important  of  these  semi-official  collections  of  Bonds  or 
Recognizances  and  Acquittances  are  those  connected  with  the  Exchequer  of  the  Jews. 
These  Records  consisting  of  Bonds  by  Christian  debtors  to  Jewish  creditors,  and  Acquittances 
of  the  latter  to  the  former  were  carefully  preserved  in  the  "Archives"  of  the  Exchequer. 
These  Bonds  are  in  the  usual  diplomatic  form,  but  were  executed  with  details  which  savour 
of  the  Civil  Law,  in  the  presence  of  the  officials  of  the  Archa.  The  "  Starra,"  on  the  other 
hand,  were  variously  composed  in  Latin,  French,  or  Hebrew  and  were  signed  by  the 
peregrine  creditor  in  Hebrew  characters  and  also  sealed,  but  unless  enrolled  they  were 
invalid  (cf.  Select  Pleas  of  the  Jewish  Exchequer  (Selden  Soc.),  Gross,  Exchequer  of  the 
Jews,  and  Jacobs,  Jews  of  Angevin  England).  In  later  times  the  registration  of  private 
mortgages  has  been  confined  to  the  counties  of  Midds.  and  Yorks.,  but  modern  abstracts 
of  Deeds  of  Settlement,  &c.  have  been  preserved  at  Somerset  House  for  purposes  of 
Revenue. 

•  The  official  history  of  the  Oath  is  still  more  extensive,  cf.  Red  Book,  p.  cccix  sq.. 
Report  on  the  Public  Records  ( 1 800),  p.  236  sq. ,  Palgrave,  Scottish  Documents  (passim).  For  the 
oath  of  Councillors  see  J.  F.  Baldwin  in  E.  If.  R.  xxi.  1.  For  the  later  oaths  of  Justices 
of  the  Peace,  &c.  see  S.  P.  Dom.  Entry  Book  71,  fo.  313  and  333.  In  another  aspect  the 
oath  of  allegiance,  or  office,  may  take  the  form  of  a  statutory  certificate  as  in  the  case  of 
"Acknowledgments  of  Supremacy"  and  other  "Tests." 

»  e.g.  "  Proofs  of  Age"  (cf.  Palgrave,  /Calendars,  i.  162),  Certificates  of  Homage  (T.  of  R.) 
and  Certificates  of  Knight  Service  (Red  Book,  Vol.  I.). 

•  e.g.  Household  officers'  Assignments,  Customers'  "  Cokets,"  and  Wardrobe  •'  Deben- 
tures," for  which  see  Formula  Book,  p.  in  sq. 

•  Amongst  the  Subsidies. 

•  Exchctjuer  Records  (see  Scargill-Birds'  Guide). 

">  Amongst  the  State  Papers.  *  In  the  Petty  Bag  and  elsewhere. 

•  Admiralty  Records. 

'"  The  notarial  Diploma,  as  seen  in  the  well-known  instance  of  Grants  of  Arms  by  the 
Officers  of  Arms,  is  in  the  nature  of  a  Certificate  issued  by  virtue  of  royal  Letters  Patent  (cf. 
Formula  Book,  No.  140). 


248         Later  Charters  and  Diplomatic  Instruments 

entered  in  precedent  books\  In  most  cases,  however,  they  were 
simply  filed,  and  a  large  collection  of  interesting  evidences  has  been 
preserved  in  this  form.  Amongst  these  are  the  certificates  of  Mayors 
of  towns  and  Staples  reporting  the  failure  of  debtors  to  meet  the 
recognizances  entered  into  by  them  in  accordance  with  the  statutes  of 
Acton  Burnell  (1283),  Westminster  (1285)  and  the  Staple  (1353)  and 
invoking  the  assistance  of  the  sheriff  to  compel  payment  by  legal 
process  I  The  series  of  certificates  known  as  Significavits  represents 
the  interests  of  another  class  of  the  community,  being  reports  from 
the  officials  of  the  ecclesiastical  courts  as  to  the  contumacy  of  lay 
offenders  in  despite  of  ecclesiastical  censures,  which  were  not  removed 
till  the  beginning  of  the  last  century.  These  also  conclude  with  a 
formal  request  for  the  aid  of  the  "secular  arm'."  Of  a  more  formal 
nature  are  the  Certificates  of  Institutions  to  ecclesiastical  benefices. 
Other  instances  of  the  Certificate  in  its  primitive  official  sense  as 
a  Notitia  will  be  found  amongst  the  documents  collected  by  Madox 
in  his  Formulare  Anglicanum. 

Amongst  other  well-known  instruments  of  private  origin  which 
have  been  preserved  in  official  archives  we  might  include  such  quasi- 
diplomatic  forms  as  Petitions^  and  Specifications^  Parliamentary 
Proxies  and  Pawns*,  Pensions  and  Corrodies'',  and  many  others  ;  but 
the  diplomatic  value  of  these  is  of  small  consequence  unless  it  were 
to  illustrate  the  important  and  often  unsuspected  part  played  by  the 
Petition  in  the  issue  of  a  Charter  or  Writl 

^  Cf.  Red  Book  and  Black  Book  of  the  Exchequer.  Palgrave,  Kalendars,  from  which  a 
very  instructive  list  of  diplomatic  titles  and  variants  might  be  compiled,  S.  P.  Dom.  Entry 
Book  72  and  H.  O.  Precedents,  1-5. 

^  Cf.  Formula  Book,  Nos.  135-137. 

^  A  series  of  Petitions  for  the  arrest  of  "Vagabond  monks"  is  preserved  amongst  the 
Chancery  Warrants  (cf.  Formula  Book,  No.  87  and  No.  139). 

*  Filed  during  the  mediaeval  period  and  entered  on  the  Parliament  Rolls. 
'  i.e.  of  Inventions  enrolled  on  the  Surrender  Rolls,  &c. 

®  Enrolled  in  the  Petty  Bag  (ed.  Dugdale,  Summons  to  Parliament,  cf.  Formula  Book, 
p.  82). 

^  Cf.  Cardinal  Pole's  Pension  Book  (K.  R.  Misc.  Bk.  31),  and  Templars'  Corrodies  (ed. 
Cole,  Documents). 

*  In  addition  to  the  conventional  sequence  of  Petitions  (cf.  Formula  Book,  Nos.  88-93), 
connected  with  the  issue  of  a  Conge  cfelire,  "  Royal  Assent,"  or  "  Restitution  of  Tem- 
poralities" many  others  will  be  found  amongst  the  "  Ecclesiastical  Petitions,"  e.g.  for  licenses 
to  found  chantries,  &c.  Indeed  the  certificates  described  above  in  connexion  with  statutory 
Recognizances  might  be  regarded,  like  the  ecclesiastical  Signijicavit,  as  virtual  Petitions  for 
Letters  Patent  or  Writs  of  Assistance  under  the  Great  Seal. 


Later  Charters  and  Diplomatic  Instruments         249 


{c)     Writs  tender  the  Great  Seal. 

Like  the  charter  itself  the  ancient  executive  writ  may  be  re- 
garded as  surviving  in  a  conventional  form  from  the  13th  century 
onwards^  At  the  same  time  we  shall  find  that  its  construction  and 
use  have  been  completely  revolutionized  under  the  new  order  of  things 
brought  about  by  the  organization  of  the  Chancery  department  in  the 
reign  of  John.  Instead  of  a  general  type  of  writ,  royal  or  depart- 
mental, to  serve  all  purposes  of  administration,  justice  or  finance, 
we  can  distinguish  from  this  date  an  increasing  multitude  of  types 
to  which  certain  diplomatic  titles  have  been  applied. 

For  a  long  time  past  the  missive  writ  has  been  employed,  some- 
times as  a  precept,  and  at  other  times  as  a  certificate,  whilst  its 
affinity  to  the  mediaeval  letter  is  sufficiently  obvious.  A  good 
instance  of  this  interchange  of  character  and  terminology  is  seen 
in  the  Writs  and  Returns  connected  with  the  Inquest  of  Knights' 
Service  in  1 166.  Here  the  king's  writ  was  apparently  addressed 
to  the  sheriff  of  each  county  who  notified  the  military  tenants  of  its 
purport,  either  individually  or  in  the  County  Court.  The  returns 
made  to  the  writ  were  also  apparently  delivered  to  the  Sheriff  and 
transmitted  by  him  to  the  King.  No  specimens  of  the  above  writ 
have  survived,  but  it  can  be  reconstructed  with  some  probability  from 
the  existing  returns'*.  It  seems  to  have  been  regarded  as  a  "  precept" 
or  "  mandate,"  but  it  is  also  described  as  a  writ  {breve)  or  letter 
{litterae).  The  Return  was  in  the  form  of  Letters  Patent  {breve sigilla- 
ium  et  apertum)  with  the  seal  pendent  {pendens  extra  sigillum).  It  is 
variously  described  as  a  carta,  scripttim,  and  breve,  but  is  in  fact  a 
certificate  in  an  epistolary  rather  than  diplomatic  form,  for  the  execu- 
tion was  not  attested. 

There  is  no  evidence  to  show  whether  the  royal  writ  issued  on  this 
occasion  was  a  departmental  one,  namely  "  tested  "  at  the  Exchequer 
where  the  returns  were  preserved  and  used  ;  but  a  long  series  of  such 
writs  were  issued  during  the  following  century  in  an  almost  identical 
form'.  To  this  type  of  administrative  writ  no  special  title  has  been 
applied,  and  we  may  perhaps  regard  it  as  a  conventional  survival  of 

'  "  Letters  Patent"  of  Henry  II  are  confirmed  by  John  and  it  is  at  least  certain  that  the 
term  is  used  in  the  English  Chancery  from  the  first  year  of  that  reign,  that  is  to  say  two  years 
before  the  series  of  Patent  Rolls  begins.  For  the  analogy  of  the  contemporary  practice  of 
the  French  Chancery  cf.  Giry,  Hist,  de  Diplomatique,  p.  755  sq. 

*  See  Red  Book,  p.  411.     This  has  been  cleverly  demonstrated  by  Mr  J.  H.  Round. 

•  Testa  de  Nevill,  passim.  In  some  cases  (fo.  416'')  the  returns,  made  in  precisely  the 
same  form  as  in  11 66,  are  described  as  Litterae  Patentes. 


250         Later  Charters  and  Diplomatic  Instruments 

an  older  form\  It  will  be  noticed  at  once  that  we  have  to  do  here 
with  a  writ  the  issue  of  which  does  not  conclude  the  matter  under  the 
royal  consideration.  For  this  purpose  a  Return  is  required,  and  there- 
fore the  writ  in  question  belongs  rather  to  the  class  of  "  Original 
Writs,"  or  Writs  of  Inquisition,  than  to  the  present  class  of  declaratory 
instruments  such  as  Charters,  Letters  Patent  and  Letters  Close.  The 
Writ  of  Inquisition  itself,  however,  must  be  regarded  as  a  type  of  the 
primitive  form  from  which  the  Chancery  "  Letters  "  were  gradually 
evolved.  Moreover,  it  will  receive  a  further  separate  description^  in 
connexion  with  the  Return,  which  in  many  cases  constitutes  an  actual 
Record.  Similarly,  it  is  desirable  to  defer  a  notice  of  the  Original 
and  Judicial  Writs  which  are  usually  associated  with  the  class  of 
Judicial  Proceedings. 

The  official  title  of  the  Letters  Patent  has  been  derived  with 
much  probability  from  the  circumstance  of  their  issue  in  an  open 
state,  in  distinction  to  the  closed  missives  under  the  Great  Seal,  which 
will  be  presently  referred  to.  The  same  term  has  been  applied  to  the 
elongated  writing  of  the  initial  words  of  certain  diplomata*,  but  this 
practice  is  of  purely  foreign  origin.  It  may  also  be  noticed  that  the 
term  "patent"  was  frequently  applied  to  private  diplomata  of  an 
especially  formal  nature  ^  The  title  of  these  instruments  is  also 
descriptive  of  their  general  resemblance  to  letters  or  writs  rather  than 
to  charters  ^,  but  their  most  distinctive  feature  is  perhaps  the  famous 
Dating  clause  which  introduces  a  foreign  element  in  the  shape  of  an 
announcement  of  due  execution  ^  and  a  new  departure  in  the  personal 
Attestation  of  the  sovereign '. 

The  origin  and  meaning  of  the  latter  formula  have  been  the  cause 
of  considerable  discussion*.     It  is  obvious,  however,  that  Teste  me  ipso 

^  We  shall  presently  see  that  this  administrative  writ  was  frequently  replaced,  from  the 
reign  of  Edward  I,  by  writs  of  Privy  Seal  in  the  same  form. 

^  Below,  p.  293. 

^  Litteris  Patentibus  signified  in  "large  letters."  In  distinction  to  this  phrase  we  have 
the  official  formula  Litterce  sunt  patentes  to  indicate  the  execution  of  Letters  Patent. 

*  Cf.  Pateat  universis  per  prcesentes. 

*  The  ancient  and  important  Writ  of  Right  was  always  Patent  in  the  sense  of  being 
open.  A  special  reason  for  the  use  of  Letters  Patent  in  certain  cases  is  indicated  by  the 
following  explanation  which  announces  the  execution  of  a  writ  of  the  year  1 199.  Hoc  vobis 
significamus  per  litteras  nostras  patentes,  quia  volumus  quod  idem  utrique  parti  innotescat. 
It  would  certainly  be  only  reasonable  to  suppose  that  in  the  case  of  writs  the  missive  in  the 
first  place  was  folded  and  despatched  secured  by  a  ligament  cut  from  the  lower  mp.rgin  of 
the  parchment,  were  it  not  for  the  positive  distinction  implied  between  writs  open  and 
closed.  The  supposed  distinction  in  the  use  of  a  conspicuous  pendent  seal  for  the  former,  is 
open  to  question. 

•>  In  cujus  ret  testimonium  has  litteras  nostras  fieri  fecimus  patentes. 

"^  Teste  me  ipso.  *  Hardy,  Rot.  Claus.  i.  xviii. 


Later  Charters  and  Diplomatic  Instruments         251 

and  Teste  Rege  are  convertible  formulas,  the  latter  being  employed  as 
a  narrative  statement  with  a  further  abbreviation  in  the  case  of  the 
letters  T.  R.  which  usually  appear  in  Chancery  enrolments.  It  is 
unnecessary  to  suppose  that  the  use  of  this  formula  implies  that 
the  instrument  was  "  procured  "  by  the  King,  since  such  intervention 
is  indicated  by  a  distinct  notice  \  It  must,  however,  be  carefully 
distinguished  from  the  Dating  clause  of  jpharters '^  and  the  Attestation 
of  other  instruments  such  as  departmehtal  or  judicial  writs,  which 
affect  an  older  style.  Whether  this  innovation  was  deliberate  (to 
facilitate  the  operations  of  the  Privy  Seal)  or  whether  it  was  only 
a  casual  practice  acquired  by  observation  of  the  persistent  habit  of 
Chancery  clerks  who  used  the  royal  style  impersonally  in  preparing 
their  official  enrolments*,  is  a  question  that  cannot  be  easily  answered. 
It  may  be  observed,  however,  that  as  this  new  formula  constitutes  an 
important  landmark  in  the  history  of  English  Diplomatic,  and  as  it 
affected  something  like  a  revolution  in  the  method  of  executing 
official  documents,  it  can  scarcely  be  regarded  as  specially  charac- 
teristic of  Letters  Patent.  A  far  more  distinctive  formula  is  seen  in 
the  Address  to  all  persons  concerned,  and  this  with  the  announcement 
of  sealing  above  referred  to,  may  be  regarded  as  essential  features  of 
the  conventional  Patent. 

It  must  not  be  supposed,  however,  that  the  typical  formulas  of 
Letters  Patent  were  suddenly  evolved  from  the  conventional  charter 
or  writ  of  the  12th  century.  In  the  first  place,  we  have  seen  that  the 
use  of  an  open  writ  was  no  novelty  in  the  reign  of  John  and  that 
evert  half  a  century  earlier  an  equivalent  phrase  was  employed  to 
denote  this  characteristic.  It  would  .seem,  then,  that  this  essential 
condition  having  been  thus  early  observed,  the  precise  wording  of  the 
several  clauses  was  for  some  time  to  come  regulated  by  the  circum- 
stances of  each  case.  Even  the  universal  Address  invariably  found 
in  later  Patents  was  comparatively  rare  during  the  early  years  of 
the  13th  century  in  the  case  of  missive  writs.  Like  the  executive 
writ  or  later  Letters  Close,  these  early  precepts  are  usually  addressed 
by  name  to  the  officials  concerned  in  their  execution.  The  Exposition 
or  Movent  clause,  which  in  the  Edwardian  period  is  frequently 
elaborated  in  a  marked  degree,  is  scarcely  noticeable  in  the  earliest 


'  Per  ipsum  Regent,  ir^e. 

'  Da/a  per  manum  nostram,  or  (from  1 189  to  1115)  per  maitam — Camel/aru. 

'  It  might,  therefore,  be  argued  that  just  as  Rejc  6r'e.  represents  .4.  Dei  ^atia  Rex 
Anglia,  &*£.,  so  Tes/e  Rege  (i.e.  nuipso)  may  represent  the  official  formula  Data  per  manum 
nostram. 


252         Later  Charters  and  Diplomatic  Instruments 

Patents^  whilst  the  injunction  is  by  no  means  confined  to  the  formula 
Et  ideo  vobis  mandamus.  But  the  most  striking  variation  is  seen  in 
the  case  of  the  clause  announcing  sealing.  Here  in  place  of  the 
familiar  formula  In  acjus  rei  testimonium  has  litteras  nostras  fieri 
fecimus  patentes  we  find  that  the  phrase  Et  in  liujus  rei  (evidently- 
borrowed  from  private  diplomata)  was  in  use  till  the  eighth  year 
of  Henry  HI,  if  not  later.  Not  only  this,  but  the  more  figurative 
expression  vobis  inde  mittimus  precedes  the  use  of  an  actual  announce- 
ment of  sealing  contained  in  the  words  fieri  fecimus  patentes^  by  at 
least  as  long  an  interval,  whilst  a  similar  formula  {ei  fecimus  patentes) 
is  found  in  still  later  times. 

Again,  the  actual  composition  of  the  earliest  Chancery  enrolments 
of  the  reign  of  John  confirms  this  view  of  the  gradual  evolution  of  the 
distinctive  royal  instruments  of  a  slightly  later  period.  It  is  well 
known  that  no  Patent  or  Close  Rolls  exist  previous  to  the  third  and 
sixth  years,  respectively,  of  this  reign,  the  conventional  writ  in  a 
slightly  modified  form  doing  duty  for  both  Letters  Patent  and  Letters 
Close,  side  by  side  with  formal  charters'.  When  the  Patent  Rolls 
suddenly  begin  to  be  made  up  in  the  third  year  of  the  reign.  Letters 
Close  are  found  mixed  with  them  for  the  next  two  years.  In  the 
case  of  both  classes  of  instruments  the  typical  formulas  are  elaborated, 
as  will  be  shown  presently,  by  a  very  slow  process  of  diplomatic 
construction.  The  earliest  stereotyped  form  is  naturally  that  in  most 
frequent  use,  namely  Letters  of  Protection,  v^hich,  as  early  as  the 
first  year  of  the  13th  century,  are  distinguished  as  Litterae  Simplices 
as  opposed  to  those  furnished  with  the  clauses  Volumus  (giving 
immunity  from  certain  action  at  law),  Nolumus,  and  other  forms*. 
Mention  has  already  been  made  of  the  use  and  possible  abuse  of 
the  conventional  titles  which  have  been  given  to  such  familiar  forms 
of  Letters  Patent  as  Commissions,  Presentations,  Protections,  Safe- 
conducts,  Pardons,  Credentials  and  many  others  ^  Herein  the  Patent 
shows  its  affinity  to  the  ancient  royal  writ,  and  this  devolution  is 
indicated  by  the  general  terms  "  Precept "  and  "  Mandate  "  ®  applied 

'  An  interesting  form  is  that  which  mentions  the  persons  "a^  instanciam"  of  whom 
the  grant  was  procured.  The  occurrence  of  personal  Attestations  in  the  earliest  Patents  may 
or  may  not  be  connected  with  their  procurement. 

^  The  words  et  sigillatas  were  sometimes  added  but  this  condition  is  implied. 

*  The  fiscal  side  of  the  administration  during  this  period  is  represented  by  the  Liberate 
Rolls  (ed.  Hardy). 

*  Formula  Book,  Nos.  65,  66.  The  later  Departmental  Passes  (for  shipping)  are  derived 
directly  from  these  instruments  ;  but  they  were  specially  enrolled  in  the  reign  of  George  II. 

'  Above,  p.  234. 

*  From  the  narrative  or  descriptive  forms  used  in  enrolments,  i.e.  Prmceptum  est  or 
Mandatum  est. 


Later  Charters  and  Diplomatic  Instruments         253 

to  Letters  Patent  equally  with  Letters  Close  and  Original  and  Judicial 
or  Departmental  Writs. 

Later  still  a  fresh  batch  of  diplomatic  titles  has  been  added  to 
describe  new  subjects  of  diplomatic  concern  \  until  something  like 
uniformity  of  official  terminology  is  established  in  the  Docquets  of 
the  17th  century. 

Although  the  above  distinctive  formulas  occur  in  the  large 
majority  of  Letters  Patent,  both  of  a  missive  and  diplomatic 
character,  it  would  be  possible  to  point  to  instances  in  which  the 
absence  of  the  Notification  and  the  wording  of  the  Exposition 
produce  a  close  resemblance  to  Letters  Close.  In  these  cases, 
however,  the  real  character  of  the  instrument  is  shown  by  the 
presence  of  the  clause  announcing  sealing.  Perhaps  the  widest 
departure  from  the  general  form  of  the  normal  patent  writ  is  found 
in  the  case  of  diplomatic  instruments  connected  with  the  execution 
of  treaties,  such  as  "Letters  of  Credence"  and  especially  "Pro- 
curations "  or  "  Full  Powers "  for  concluding  peace  or  alliances  *. 

Letters  Patent  in  French,  which  present  us  with  versions  of  the 
usual  Latin  formulas,  may  be  occasionally  met  with  towards  the  end 
of  the  13th  century.  Possibly  a  further  development  of  this  conversion 
was  avoided  by  the  free  use  of  the  bilingual  and  eventually  trilingual 
Privy  Seal  and  Sign  Manual  Warrant. 

The  Charter  and  Confirmation  and  their  substitutes  in  the  shape 
of  Letters  Patent,  as  became  select  and  authoritative  instruments, 
continued,  until  a  comparatively  late  date,  to  be  composed  in  Latin, 
whilst  English  was  frequently  employed  in  preference  to  French  for 
such  versions  of  public  and  private  diplomata  as  occur  before  the 
i6th  century'. 

In  one  aspect  Letters  Close  may  be  regarded  as  types  of  the  con- 
ventional writ  adapted  for  some  special  purpose  by  means  of  a 
distinctive  formula.  In  another  aspect  they  do  not  seem  to  differ 
essentially  from  the  conventional  form,  except  that  they  are  dignified 
by  a  special  oflicial  enrolments     The  chief  characteristic  of  Letters 

'  Cf.  Campbell,  Materials  for  a  history  of  the  reign  of  Henry  VII  (Roils),  passim. 
For  the  several  types  of  Letters  Patent  in  an  earlier  period  see  Rot,  Lift.  Pat.  Preface,  and 
Formula  Book,  Nos.  50-70. 

"^  In  the  case  of  treaty  papers  the  year  of  Our  Lord  is  often  substitutetl  for  the  regnal  year. 

'  Instances  of  the  latter  may  be  found  in  various  cartularies  and  the  official  "  Transcripts 
of  Deeds  various."  They  are  quite  unintelligent  from  a  diplomatic  point  of  view.  A  very 
early  Knglish  version  of  Letters  Patent  is  seen  in  the  famous  trilingual  Proclamation  of  1 358 
(Pal.  Soc.  N.S.,  Part  3,  No.  73).  Generally  speaking  French  is  superseded  by  English  and 
Latin  from  the  reign  of  Edward  IV. 

*  The  distinction  obviously  implied  by  the  name  cannot  be  easily  recognized  owing  to 


254         Later  Charters  and  Diplomatic  Instruments 

Close  would  seem  to  be  that  as  they  rarely,  and  then  only  indirectly, 
take  the  place  of  royal  charters,  the  ceremonious  formulas  of  Letters 
Patent  are  here  dispensed  with,  and  this  is  in  keeping  with  their 
confidential  nature^  At  the  same  time  they  are  distinguished  from 
the  old  administrative  writ  by  certain  peculiarities  of  construction, 
which  may  be  enumerated  as  follows.  The  Notification  is  frequently 
wanting  and  the  Exposition  is  usually  more  developed  than  in  the 
conventional  writ''.  The  extent  of  this  development  depends  on  the 
nature  of  the  Dispositive  clause  which  gives  to  the  writ  its  varying 
character.  The  nearest  approach  to  the  form  of  a  charter  is  seen  in 
the  case  of  grants  of  land  or  offices  "  during  pleasure  "  or  "  for  sus- 
tenance." Here,  as  well  as  in  grants  of  Pardon  and  Protection, 
we  see  some  resemblance  to  Letters  Patent,  whilst  a  similar 
resemblance  to  the  construction  of  the  ancient  writ  is  seen  in  the  case 
of  instruments  intended  to  give  effect  to  previous  grants.  In  the 
above  and  other  instances  the  Dispositive  order,  or  Injunction,  is 
usually  introduced  by  a  formal  Notification  and  Exposition.  The 
most  frequent  use  of  Letters  Close  is,  however,  for  purely  adminis- 
trative purposes,  and  in  this  aspect  they  may  be  considered  as 
specialized  writs  in  the  nature  of  precepts  or  mandates,  differing  only 
from  Letters  Patent  in  their  application  to  matters  affecting  the 
efficient  discharge  of  former  instructions'*  or  the  personal  interests  of 
the  crown^  These  forms  can  be  easily  distinguished  by  the  omission 
of  a  Notification,  an  Exposition,  and  the  explanatory  words  et  ideo, 
their  place  being  taken  by  an  abrupt  Injunction.  In  every  case, 
however,  there  is  a  formal  Attestation  by  the  King  himself,  though 
this  is  not  preceded,  as  in  Letters  Patent,  by  a  clause  announcing 

the  loss  of  original  specimens.  Whether  these  Letters  were  in  all  cases  sealed  on  the  back, 
with  the  Great  Seal  as  a  cachet,  or  whether  the  seal  was  also  affixed  by  a  tag  and  the  Letter 
closed  by  a  band,  cannot  here  be  decided. 

'  As  in  the  case  of  Letters  Patent  many  of  these  writs  in  the  earlier  period  were  executed 
under  the  Privy  Seal. 

-  This  is  seen  in  the  class  of  writs  in  which  the  Notification  is  replaced  by  a  narrative  or 
hypothetical  exposition  such  as  Cum,  Quia,  &c.,  or  Monstravit,  &c. 

^  As  an  instance  in  point,  we  find  the  following  issue  of  Letters  Patent  and  Executive  Writs 
on  one  day  in  connexion  with  the  same  business : 

(rt)     20  April.      54  Hen.  Ill   Letters  Patent  appointing  new  collectors  of  the  20th 

in  Essex. 
(b)     Same  date.     Same  notifying  same  to  the  late  collector, 
(t)      Writ  admonishing  the  new  collectors  to  proceed. 
{d)    Writ  of  Assistance  to  the  Sheriff. 
*  e.g.  Wardrobe,  Household,  &c.    For  the  special  uses  of  these  instruments  in  legislative, 
fiscal  and  military  business  see  below  p.  256.     Feudal  business  was  recorded  here  in  later 
times  by  writs  for  Livery  of  Seisin,  &c. 


Later  Charters  and  Diplomatic  Instruments         255 

Execution.  There  are  also,  as  in  the  case  of  the  latter  instruments, 
official  memoranda  to  indicate  the  agency  by  which  the  writ  has  been 
procured. 

The  systematic  alternation  of  formulas,  which  is  a  characteristic 
feature  of  the  whole  class  of  Letters  Close,  will  perhaps  be  understood 
from  the  following  table.  It  will  be  noticed  that  the  variation  in  the 
Injunctive  clause  is  really  governed  by  the  construction  of  the  ante- 
cedent Exposition.  Thus  a  Notification"  followed  by  the  usual 
Movent  clause  or  a  simple  narration ^  requires  the  form  Et  ideo,  &c. 
to  complete  the  sense.  On  the  other  hand,  indirect'  or  hypothetical* 
clauses  are  followed  by  an  abrupt  Injunction.  Finally,  in  instru- 
ments which  lack  both  Notification  and  Exposition',  the  Salutation  is 
immediately  followed  by  a  precept  which  partially  recalls  the  Anglo- 
Norman  writ. 


Superscription 

Address  & 
Salutation 

Notification 

Exposition 

Disposition 
(Injunction) 

Attesta- 
tion 

Date 

I.  A.  Rex  &c. 

B.  &c. 
salutem 

Sciatis  quod 
&c. 

concessimus 
&c. 

Et  ideo  tibi 
praecipimus  &c. 

Teste  me 
ips(j 

A  pud 
X&c. 

«.        » 

»» 

wanting 

Monstravit 
&c.  nobis 

•• 

" 

" 

3-         i> 

" 

wanting 

Cum  &c. 

tibi  prae- 
cipimus 

" 

•• 

4-           t> 

»> 

wanting 

Si&c. 

tunc  summone 
&c. 

•' 

'• 

5- 

" 

wanting 

wanting 

Tibi  priecipi- 
mus  quod  &c. 
or  Liberate  &c. 

" 

» 

It  is  well  known  that  the  two  great  series  of  Patent  and  Close 
Rolls  have  continued  down  to  modern  times,  but  marked  differences 
exist  between  the  earlier  and  later  forms  of  these  instruments.  In 
the  first  place  it  will  be  obvious  that  the  missive  forms  both  of  Letters 
Patent  and  Letters  Close  were  superseded,  first  by  the  missive  instru- 
ments under  the  Smaller  Seals  during  the  15th  century  and  from  the 
Tudor  period  onwards  by  the  cursive  "  State  Papers "  in  the  ver- 
nacular. For  purely  formal  or  ceremonial  purposes  a  certain  number 
of  the  mediaeval  forms  continued  to  be  used,  particularly  those 
connected  with  ecclesiastical  patronage  and  foreign  diplomacy.     In 


'  See  Form  No. 
•  No.  3  below. 


below. 


*  No.  4  below. 


•  See  Form  No.  i  below. 
•  No.  5  below. 


256         Later  Charters  and  Diplomatic  Instruments 

respect  of  domestic  administration  we  find  that  the  use  of  certain 
instruments,  particularly  Commissions  and  Proclamations,  is  largely 
governed  by  political  considerations.  Again,  owing  to  inevitable 
constitutional  changes  in  the  character  of  the  sovereignty  1,  the  older 
grants  of  land  are  replaced  by  Crown  Leases  and  Pensions. 
Economic  progress  is  signalized  by  the  recognition  of  Inventions 
and  by  facilities  for  Denization.  Other  instruments  such  as  Creations, 
Oflfices,  Licenses,  Charters  of  incorporation  and  Pardons  are  preserved 
in  a  very  similar  form. 

Although  in  respect  of  their  general  diplomatic  composition  the 
"  Letters "  issued  under  the  Great  Seal  may  be  regarded  as  either 
Patent  or  Close,  there  are  still  several  well-known  series  which  would 
be  more  properly  described  as  special  letters  and  departmental  writs'^. 
Of  these  the  fiscal  writs  of  Liberate,  Computate,  Allocate,  Perdono, 
Solvatis  and  the  departmental  Contrabrevia,  which,  frequently  found 
on  the  Close  Roll  itself,  are  familiar  examples^  To  these  may  be 
added  certain  technical  instruments  connected  with  ecclesiatical 
matters  and  military  service,  together  with  the  extensive  group  of 
Parliamentary  writs*.  Finally,  amongst  the  original  and  judicial 
writs  connected  with  the  administration  of  justice  there  are  various 
familiar  types  which  have  been  separately  preserved  or  enrolled  ^ 
Many  of  the  above  have  well-marked  individual  characteristics,  but  it 
has  only  been  possible  to  refer  to  them  in  the  limited  space  at  our 
disposal.  Moreover,  many  of  these  forms  have  been  carefully 
described  in  connexion  with  the  history  of  English  Law,  and 
specimens  of  the  same  have  been  printed  in  official  publications  and 
legal  formula  books^. 

We  have  seen  that  since  the  close  of  the  15th  century,  there  has 
been  a  growing  tendency  in  the  direction  of  the  disuse  of  the  Great 

^  I  Anne  c.  i. 

^  Under  the  head  of  departmental  writs  of  an  administrative  character  may  be  included 
a  vast  collection  of  executive  instruments,  some  of  which,  like  the  "original"  and  "judicial" 
writs  used  in  legal  procedure,  required  a  return  to  be  made  by  the  persons  to  whom  they  were 
addressed.  For  this  reason  perhaps  such  writs,  though  composed  in  the  style  of  Letters  Close, 
are  not  regularly  entered  in  the  Chancery  Rolls.  For  besides  the  originals  (and  returns) 
preserved  in  the  Chancery  Files,  a  large  proportion  were  entered  in  the  Exchequer  Rolls. 
(The  whole  subject,  however,  like  the  documents  themselves,  is  one  that  deserves  further 
attention.     Cf.  above,  pp.  249,  250.) 

*  Cf.  C.  Bemont  in  Rdles  Gascons,  Supplt.,  T.  i.  p.  xvii;  Madox,  Exchequer, 
Vol.  I.  p.  390;  Dialogiis,  I.  vi;  Pipe  Roll  Soc.  Vol.  Iil.  Intro,  and  Formula  Book, 
Nos.  77-86. 

*  e.g.  Scutage  Rolls,  &c.  Cf.  Palgrave,  Parliamentary  Writs  for  these,  and  Formula 
Book,  Nos.  77-86. 

^  e.g.  Writs  of  Redisseisin.  *  See  Gross,  Sources  and  Literature,  s.v. 


Later  Charters  and  Diplomatic  Instruments         257 

Seal  and  the  substitution  of  writs  or  warrants  under  the  Smaller  Seals, 
and  the  Sign  Manual.  Not  only  were  these  employed  in  a  missive 
form,  but  they  also  served,  on  occasion,  as  warrants  which  dispensed 
with  the  issue  or  enrolment  of  Letters  Patent ;  just  as  in  turn 
Letters  Close,  the  typical  missives  of  the  13th  and  14th  centuries, 
were  gradually  disused  with  the  advent  of  the  modern  State  Paper. 
This  being  so,  the  characteristic  feature  of  these  enrolments  disap- 
pears, and  the  later  Rolls  are  utilized  for  the  registration  of  private 
and  semi-ofificial  Deeds\  In  this  later  period  also  new  series  of 
enrolments  were  founded,  which  served  still  further  to  deplete  the 
ancient  classes  of  Letters  Patent  and  Close*. 

The  diplomatic  forms  alluded  to  above  are  those  usually  associated 
with  the  practice  of  the  royal  Chancery  in  respect  of  writs  under  the 
Great  Seal.  Others,  however,  are  found  amongst  the  Records  though 
only  the  briefest  mention  of  them  can  be  made.  Of  these  a  large 
class  of  Parliamentary  instruments  will  be  found  to  be  either  irregular 
in  point  of  construction  or  consisting  of  Chancery  writs  in  a  common 
form'.  The  later  proceedings  of  Parliament,  like  those  of  the  King's 
Council,  are  of  the  nature  of  judicial  or  departmental  Records  and 
both  are  still  preserved  in  external  custody.  Others  which  are 
connected  with  the  procedure  of  the  Ecclesiastical  and  Admiralty 
Courts  are  of  considerable  interest  for  the  general  study  of  diplomatic 
and  refer  particularly  to  certain  Chancery  enrolments^  At  the  same 
time  these  instruments  are  composed  according  to  a  notarial  system 
which  has  always  been  regarded  as  alien  to  the  native  legal  system. 
Moreover,  an  exact  description  of  their  diplomatic  construction  would 
involve  some  explanation  of  the  procedure  of  the  Continental 
Chanceries'.     Finally,    it    must    be    remembered    that    the    official 

'  e.g.  Recognizances,  Conveyances  of  several  kinds.  Trusts  and  Awards,  Memorials  and 
Specifications. 

=*  e.g.  Dispensation,  Surrender  and  Bishop's  Patent  Rolls  in  the  17th  century. 

*  These  are  printed  exhaustively  in  Palgrave's  Parliatiuntary  Writs.  Their  sequence  is 
indicated  in  the  Formula  Hook,  p.  82,  from  the  proceedings  connected  with  the  I'arliament 
of  York  in  132 1.  Here  notarial  forms,  such  as  proxies  and  certificates,  will  l)e  found  to 
alternate  with  royal  writs  at  certain  stages  of  the  proceedings.  Cf.  also  Stubbs,  Seltct 
Charters,  Part  VU. 

*  e.g.  I.*tters  Patent  connected  with  episcopal  elections.  It  is  well  known  that  a  sequence 
of  conventional  instruments  may  be  found  in  connexion  with  ecclesiastical  elections,  a  notarial 
document  alternating  with  a  diplomatic  writ  as  follows:  (1)  Petition  for  license  to  elect, 
(i)  Royal  License  (C't;/!^^  </'<'//><),  (3)  Notification  of  election,  (4)  Royal  Assent,  (5)  Canonical 
confirmation  of  election,  (6)  Restitution  of  temporalities.  For  specimens,  see  Formula  Hook, 
Nos.  88—93. 

*  The  admirable  Manuel  de  Diplomatique  of  M.  Giry  will  serve  for  every  purpose  of  com- 
pari'ion  between  the  Continental  and  English  systems,  Cf.  also  Lomoiiic,  Diplomaliqtu 
practique  (1765). 

H.  ,7 


258         Later  Charters  and  Diplomatic  Instruments 

collections  of  ecclesiastical  Records^  are  not  in  the  custody  of  the 
crown,  while  the  Admiralty  Records  were  quite  recently  regarded  as 
purely  departmental  Archives^. 

id)     Instruments  under  the  Smaller  Seals  {Missives). 

The  partial  disuse  of  the  Great  Seal  of  majesty  marks  the 
beginning  of  the  last  stage  in  the  evolution  of  the  charter  with  its 
subsidiary  writs.  Whether  this  momentous  change  is  connected  with 
the  growth  of  the  personal  power  of  the  crown  or  with  the  develop- 
ment of  the  administrative  system  is  a  question  with  which  we  are 
not  here  directly  concerned,  any  more  than  with  certain  interesting 
speculations  as  to  the  antiquity  of  the  private  seal  itself.  The  earliest 
existing  notices,  however,  of  the  official  use  of  a  secondary  royal  seal 
date  only  from  the  reign  of  King  John,  and  the  practice  in  point 
cannot  be  regarded  as  fully  established  before  the  reign  of  Edward  I. 

The  Privy  Seal  is  probably  mentioned  as  such  for  the  first  time 
in   the  reign  of  John^     Whether  the  "Parvum   Sigillum"   used    on 

'  i.e.  The  Episcopal  Registers  (cf.  the  Prospectus  and  Publications  of  the  Canterbury  and 
York  Society).  For  the  Diplomatic  of  this  subject  see  Lyndewode's  Provinciah  (1679), 
Ayliffe's  Pai-ergon  (1734),  Oiighton's  Forms  of  Ecclesiastical  Law  (1831),  the  Reports  on 
Cathedral  Archives  prepared  for  the  Historical  Manuscripts  Commission  (Various  Collections) 
by  Mr  R.  L.  Poole.  For  contemporary  notices  of  the  formulas  of  ecclesiastical  confirmations 
cf.  Wykeham's  Register  (Hants.  Record  Society),  i.  11,  70,  149,  185,  229,  &c. ;  Matt.  Paris 
(Rolls),  III.  ipd  sq. ;  Kegistrum  Palatinum  Duiielmense  (Rolls),  i.  392;  Cartitlarium 
Ramesiense  (Rolls),  I.  28 — 40,  amongst  the  numerous  sources  of  information  for  this  extraneous 
subject. 

^  For  the  forms  of  Admiralty  Records,  14th— i6th  century,  see  R.  G.  Marsden,  Select 
Pleas  in  the  Admiralty  Court  (Selden  Soc).  That  there  was  a  considerable  official  employ- 
ment of  public  notaries  in  the  15th  century  may  be  inferred  from  documents  printed  in  the 
Foedera  and  si^ecific  cases  like  that  of  Hugo  Helwys  in  the  Issue  Roll,  Mich.  11  Henry  IV. 

Again,  it  would  doubtless  be  possible,  by  means  of  a  careful  selection  from  the  texts  of  the 
mediaeval  Foedera  and  from  unpublished  documents,  to  prepare  a  fairly  complete  list  of  more 
or  less  conventional  forms  illustrating  the  overtures  connected  with  a  diplomatic  mission,  the 
Credentials,  Commendation  and  Safe-conduct  of  the  envoys,  and  the  Instructions,  Mandate, 
or  Powers  committed  to  their  charge,  with  the  formal  Proxies  and  Declarations  relating  to  the 
same ;  the  execution  of  the  treaty  protocols  and  separate  provisions  or  articles,  according  as 
the  negotiations  in  progress  relate  to  an  Arbitration,  a  Treaty  of  marriage  or  alliance, 
a  Pacification,  a  Convention,  or  a  Truce.  Finally,  the  securities  or  consideration  given  in 
the  shape  of  hostages  or  money,  the  ceremonial  of  leave-taking  and  the  due  ratification  of 
the  protocols  by  the  high  contracting  parties.  Such  an  eclectic  sequence  could,  however,  be 
of  no  real  value  as  indicating  the  normal  procedure,  which  contrasts  sharply  in  point  of 
uniformity  with  the  diplomatic  practice  of  later  times  as  represented  by  the  conventional 
sequence  of  instruments  during  the  17th  and  i8th  centuries  that  is  referred  to  above  (p.  246) 
and  printed  in  the  Formula  Book  (Nos.  183 — 194).  Reference  may,  however,  be  made  for  the 
elucidation  of  the  later  mediaeval  procedure  to  the  following  works  :  Maulde  la  Claviere,  Ln 
Diplomatie  au  temps de  Machiavel,  and  VI.  E.  Hraber,  De  Legatis  et  Legationibus  Tractatus 
varii. 

*  Privato  Sigillo  nostra  signatas  (Rot.  Lift.  Pat.  p.  183  a). 


Later  Charters  and  Diplomatic  Instruments         259 

certain  occasions  in  the  reign  of  John  was  the  equivalent  of  the  later 
Privy  Seal  or  was  merely  the  king's  Signet  or  personal  seal'  is  at 
least  doubtful.  In  any  case  the  verification  of  royal  instruments 
by  this  device  was  regarded  as  an  expedient  only  justified  by  an 
emergency^  The  same  view  may  be  taken  of  the  occasional  use 
of  the  personal  seals  of  the  Queen,  the  Chancellor  or  other  royal 
deputies',  and  this  constitutional  view  was  even  extended  to  the 
prolonged  abeyance  of  the  Great  Seal  during  a  minority*.  It  is  also 
clear  that  the  validity  of  such  instruments  was  open  to  question*,  and 
an  undertaking  was  often  given  for  their  ratification  in  due  course 
under  the  Great  Seal*.  It  is  possible  that  this  provisional  use  of  the 
Privy  Seal  facilitated  the  adoption  of  the  later  practice  of  procuring 
Letters  or  Bills  for  the  due  issue  of  more  formal  instruments^  Great 
care  must,  however,  be  invariably  exercised  in  order  to  avoid  con- 
fusion between  the  formal  writs  of  Privy  Seal  for  the  mere  issue  of 
the  Great  Seal  and  the  missive  writ  with  which  we  are  at  present 
concerned.  The  same  distinction  must  also  be  observed  in  the  case 
of  Signet  Letters  and  Warrants  employed  as  missives,  and  Bills, 
Letters  and  Warrants  issued  under  the  Signet  or  other  Small  Seal*  as 
authorities  for  the  use  of  the  Privy  Seal  or  the  Great  Seal.  The 
general  resemblance  of,  these  two  types  is  a  very  close  one,  and  in 
both  cases  the  Sign  Manual  was  occasionally  employed,  at  a  later 
date,  as  a  supplementary  method  of  execution  or  expedition.  But 
although  these  early  variants  must  be  clearly  recognized,  and  although 
the  substitution  of  the  Smaller  Seals  for  the  Great  Seal  was  a  well- 
known  abuse  of  later  times,  it  is  important  to  note  that  the  chief,  if 
not  the  true  function  of  the  mediaeval  Smaller  Seals,  and  especially 
of  the  later  Sign  Manual,  was  to  authorize  the  issue  of  the  Great  Seal. 

'  Tliis  term  does  not  seem  to  have  been  used  in  an  invidious  sense  as  in  later  times. 

■•*  Quia  Magnum  Sigillum  nostrum  nobiscum  non  habuimus  (cf.  Rot.  Lilt.  Clans,  p.  114  b 
and  Rot.  Litt.  Pat.  p.  138). 

^  Just  as  many  subsidiary  instruments  (including  even  Tallies)  were  nude  in  the  forms  of 
the  oDicial  scriptorium  ami  employed  by  local  officers,  so  precepts  were  issueii  by  the  sherifls 
for  certain  purposes,  and  acknowleilgments  and  other  certificates  were  sealed  by  the  Customers 
at  the  out-ports  as  Letters  Tatent  under  the  "  Cokel "  Seal  (cf.  Formula  Hook,  No.  134). 
Similarly,  we  fmd  that  in  much  later  times  warrants  were  issueii  by  an  authority  delegated 
to  Secretaries  of  State  and  l(x:al  and  colonial  officers.  Del>enturcs  on  the  Wardrobe  were 
not  issued  under  the  I'rivy  Seal  but  under  the  seals  of  the  clerks. 

*  Quoniam  sigillum  nouJutn  habuimus. 

"  Numerous  ordinances  and  cases  will  l>e  found  in  the  Statutes  and  Rolls  of  Parliament. 

*  Cf.  Formula  Book,  No.  44.  This  may  or  may  not  explain  the  necessity  for  the 
confirmation  of  existing  charters  in  the  nth  year  of  Henry  III.     Cf.  above,  p.  14 1. 

^  Cf.  l»elow,  p.  164. 

'  t.g.  The  Griffin  used  by  Edwanl  III,  and  the  Kagle  by  Henry  \'  and  Henry  VI. 

17—2 


26o         Later  Charters  and  Diplomatic  Instruments 

Of  the  above  missive  writs  or  letters,  the  Privy  Seal  is,  as  we  have 
seen,  the  earliest.  From  first  to  last  this  maintained  its  position  as  the 
recognized  medium  for  conveying  the  royal  commands,  especially  in 
cases  where  the  authority  of  the  Great  Seal  might  be  dispensed  with 
on  the  plea  of  urgency'.  Again,  it  will  be  noted  that  the  use  of  the 
Privy  Seal  is  closely  associated  with  the  development  of  a  new 
administrative  department,  the  Wardrobe,  whilst  the  independent 
authority  of  the  Smaller  Seals  in  general  is  found  to  coincide  with  the 
organization  of  the  Chancery  as  a  Court  of  Law,  PVom  the  first,  too, 
we  find  the  administrative  use  of  the  Privy  Seal  chiefly  associated 
with  the  fiscal  business 2,  which  had  been  from  a  very  early  period 
transacted  partly  in  the  Exchequer  and  partly  in  the  Chamber  {Camera) 
and  Wardrobe*.  Moreover,  the  disuse  of  the  Great  Seal  for  purely 
official  purposes  must  have  presented  obvious  advantages.  The  time 
was  soon  to  come  when  even  the  use  of  the  Privy  Seal  itself  was 
found  too  cumbrous  for  many  departmental  transactions ;  but  this 
further  development  was  also  due  to  the  increasing  importance  and 
dignity  of  the  office  of  the  Keeper  of  the  Privy  Seal,  and  thus  we 
reach  the  final  evolution  of  the  diploma  in  the  shape  of  the  Signet 
Letter  and  Sign  Manual  Warrant  which  could  be  expedited  without 
needless   formalities  or  delays   which  might  prove  dangerous. 

The  characteristic  formulas  of  missives  under  the  Smaller  Seals 
have  a  general  resemblance  to  those  of  the  executive  writ  (Great 
Seal)'' ;  but  in  connexion  with  the  Writs  of  Privy  Seal  it  should  be 
noted  that  although  the  existence  of  a  Latin  form  as  early  as  the 
13th  century  is  well  established,  the  characteristic  language  of  these 
instruments  was  Frenchl  The  Latin  writs  preserved  side  by  side 
with  these  in  the  Exchequer  files  are  mostly  instruments  under  the 
Great    Seal  issued  for  the  information  or  instruction  of  the  Barons. 

'  e.g.  Commissions  of  array,  Benevolences,  &c.  in  which  the  public  safety  is  vehemently 
alleged  from  the  reign  of  Edward  III  to  that  of  Charles  I  (Exch.  T.  of  R.  Privy  Seals  for 
Loans). 

^  These  are  classified  as  Exchequer  of  Receipt,  "  Warrants  for  Issues."  A  considerable 
numlier  of  missive  writs  are  filed  here,  and  still  more  are  found  on  the  Memoranda  Rolls  of 
the  Exchequer.     Others  will  be  found  amongst  the  "  Exchequer  Proceedings." 

*  Cf.  the  several  charters  granted  in  1251  to  Peter  de  Rivallis,  including  in  almost  identical 
terms  the  offices  of  Keeper  of  the  Small  Seal,  holder  of  the  Third  Roll  (by  deputy)  at  the 
Exchequer,  and  Keeper  of  the  Wardrobe,  the  Chamber  and  the  Treasury  of  the  Household 
(Rot.  Chart,  16  Henry  III,  mm.  7  and  9).  The  administrative  importance  of  the  Wardrobe 
will  explain  the  rapid  growth  of  this  clerical  department. 

•*  See  Formula  Book,  Nos.  94 — 104.  An  interesting  MS.  precedent  book  is  preserved 
in  the  Cambridge  University  Library  (Dd.  III.  53  a). 

*  Exchequer  of  Receipt,  Warrants  for  Issues  and  T.  R.  Warrants  for  Issues  (Series  I). 
Cf.  Madox,  Hist,  of  Exchequer,  i.  382  and  387. 


Later  Charters  and  Diplomatic  Instruments         261 

The  same  remark  applies  to  the  writs  issued  under  the  Exchequer  or 
other  departmental  seals  on  the  authority  of  Privy  Seals,  Letters 
Patent  issued  under  the  Privy  Seal  instead  of  the  Great  Seal  are 
of  course  exceptional,  although  we  have  evidence  of  serious  en- 
croachments on  the  functions  of  the  Chancery  before  the  reign  of 
Edward  \\\ 

In  the  French  forms  of  Privy  Seal  writs  we  have  evidently  a  mere 
version  of  the  Latin  conventional  writ,  and  the  same  remark  applies  to 
the  epistolary  forms  sometimes  employed. 

The  Seal  was  either  endorsed,  or  affixed  en  placard  or  else 
suspended  after  the  manner  of  the  Great  SeaP. 

It  may  be  suggested,  however,  that  the  endorsement  in  this  case 
differs  from  the  perfunctory  attachment  of  the  seal  in  later  depart- 
mental warrants  for  the  issue  of  the  Great  Seal.  If  we  may  regard 
the  Privy  and  Secret  Seals  as  equivalent  devices  during  the  earlier 
period  the  seal  was  probably  used  to  secure  the  folded  letter  in  con- 
nexion with  a  band  which  tapered  from  one  end.  Certainly  there  is 
little  difference  in  the  size  of  these  two  seals.  The  Privy  Seal  itself* 
appears  to  have  been  of  inconsiderable  dimensions  (somewhat  larger 
than  a  shilling)  during  the  reigns  of  Henry  III,  Edward  I,  Edward  II, 
and  the  early  part  of  that  of  Edward  III,  when  it  reaches  the  size  of  a 
crown  piece.  The  use  of  this  larger  seal  en  placard  m  missive  letters 
is  very  noticeable. 

The  Signet  or  Privy  Signet  Seal,  which  appears  in  the  reign  of 
Edward  III  as  rather  larger  than  a  sixpenny  piece,  was  lozenge- 
shaped,  in  contrast  to  the  circular  Privy  Seal,  like  the  cachet  of  the 
17th  and  1 8th  centuries.  Like  the  Privy  Seal  it  was  invariably  of  red 
wax  and  its  "  scar  "  is  easily  recognized  on  the  dorse  of  royal  letters 
by  the  cross-shaped  adhesion  spread  outside  the  matrix.  We  have 
unfortunately  little  information  about  the  establishment  of  the  Signet 
or  its  custody  prior  to  the  i6th  century ^ 

Signet  Letters,  though  of  later  date,  differ  only  from  the  earlier 
Privy  Seal  Letters  in  respect  of  their  verification  by  means  of  the 
Signet.  The  characteristic  form  of  both  is  epistolary,  and  is  rarely 
that  of  a  mere  precept*,  like  the  Signet  Bill  or  Warrant  for  Issues*. 

•  Cf.  Arliculi  super  Cartas,  c.  6.  For  the  extensive  use  of  these  writs  in  the  Edwardian 
period  cf.  Madox,  pp.  358-9  and  passim. 

"  Above,  p.  353,  n.  4.  Letters  of  Privy  Seal,  as  distinguished  from  Writs,  are  found  under 
the  pendent  Seal  after  1660  (Hardy,  h'ot  de  Liberate,  &c.  p.  xiii,  «.). 

'  For  the  form  of  the  later  seal  see  Audit  Office  Declared  Accounts,  '*  Engravers  of  Seak," 
and  Wyon,  Crtat  Seals,  Appendix. 

*  Vobis  mandamus,  »2rv.  •  Formula  Book,  Nos.  105  sq. 


262         Later  Charters  and  Diplomatic  Instruments 

From  the  middle  of  the  14th  century  the  heading  Per  regem  occurs 
with  or  without  the  Sign  Manual  ;  an  authentication  which  has  sur- 
vived in  the  modern  Proclamation.  The  Salutation  and  Address 
are  epistolary  in  character  and  there  is  frequently  a  Valediction.  A 
noticeable  Final  clause  is  found  somewhat  later  in  the  shape  of  an 
authorization  which  became  the  typical  feature  of  the  Royal  Warranto 
Perhaps  the  chief  interest  of  the  Signet  Letter  is  found  in  the  fact 
that  it  served  as  a  model  for  the  later  departmental  Letter  (which  it 
also  resembles  as  a  paper  document),  though  as  a  mere  survival  it  had 
an  independent  existence  till  the  last  century. 

The  Dormant  writ  or  warrant  of  Privy  Seal  extensively  used  in 
the  1 6th  and  17th  centuries  bears  a  close  resemblance  to  the  ancient 
writ  of  Liberate.  It  is  distinguished  by  the  time  limit  expressed 
in  the  Injunction^ 

The  Sign  Manual  Warrant,  which  dates  from  the  reign  of  Richard 
II,  differs  but  little  from  the  Signet  Bill  except  that  it  is  not  neces- 
sarily verified  by  a  seal,  and  in  a  later  period  was  countersigned ^  The 
English  form  "  We  will  and  command,"  is  derived  from  the  stereotyped 
Latin  formula  Nos  volentes — vobis  mandamus,  whilst,  as  we  have  seen, 
the  clause  of  warranty  is  derived  from  more  ancient  instruments. 

The  Proclamation  closely  follows  the  formulas  of  the  Privy  Seal, 
Signet  Letter  and  Warrant  with  numerous  variations.  We  can  even 
recognize  in  certain  specimens  the  older  formulas  of  Letters  Patent. 
It  has,  however,  as  its  distinctive  characteristics  the  heading  "  A 
Proclamation  "  and  the  curious  final  Apprecatio  "  God  save  the  King." 
Alone  of  the  recognized  types  of  royal  diplomata  the  Proclamation 
appears  only  in  an  English  form,  for  the  Letters  Patent  to  which  this 
title  has  frequently  been  given  have  no  diplomatic  connexion  with 
this  instrument  in  its  technical  sense*.  In  some  respects,  however, 
the  Proclamation  would  seem  to  belong  to  the  class  of  later  depart- 
mental instruments  under  the  Smaller  Seals  and  Sign  Manual  which 
will  be  described  in  another  section.  As  these,  however,  are  merely 
variants  of  earlier  diplomatic  forms,  the  Proclamation  as  a  distinct 

1  Et  hoe  literae  nostrae  vobis  erunt  super  Jioc  suffuiens  ivarravtu7n. 

^  e.g.  For  payment  of  "liveries"  at  certain  annual  dates,  "and  so  from  year  to  year" 
during  life  or  the  royal  pleasure. 

^  Formula  Book,  No.  loo. 

*  It  is  curious  that  one  of  the  earliest  of  these,  the  so-called  Proclamation  of  the  king's 
adherence  to  the  Provisions  of  Oxford  in  i^sS,  was  issued  in  English.  It  was  composed  in 
diplomatic  style.  Similar  "Proclamations"  are  found  on  the  Patent  Rolls  during  the 
1 8th  century.  Mr  W.  H.  Stevenson,  however,  regards  this  Proclamation  as  a  Letter  Close 
{E.  H.  R.  XXI.  506).  It  is  cited  by  Bishop  Stubbs  as  a  trilingual  document  (.S".  C.  p.  378), 
but  only  the  English  and  French  versions  can  be  identified.  For  references  to  the  texts  see 
Formula  Book,  Nos.  70  a  and  70  b. 


Later  Charters  and  Diplomatic  Instruments         263 

species  in  itself  should  perhaps  be  mentioned  amongst  the  former  in 
spite  of  its  modern  associations*. 

(^)      Warrants  for  Issues^. 

Although  these  instruments  are  usually  termed  "Warrants"  they 
comprise,  as  we  have  seen,  almost  the  same  types  as  have  been  described 
above,  namely  Writs,  Letters  and  Bills  of  Privy  Seal,  together  with 
Letters  and  Bills  under  the  Signet  and  Sign  Manual  Warrants'.  These, 
however,  are  not  used  as  royal  missives  for  general  administrative 
purposes,  but  presumably  subserve  a  single  purpose,  the  issue  of 
instruments  under  the  Great  SeaP.  This  distinctive  use  can  be  easily 
gathered  from  the  Injunctive  clause  which  contains  the  direction 
referred  to.  Moreover,  most  of  these  Warrants  are  addressed  directly 
or  indirectly  to  the  Chancellor,  whilst  there  is  also  a  difference  in  the 
titles  and  forms  of  the  instruments  themselves.  A  very  large  pro- 
portion consists  of  Bills  under  the  Privy  Seal  omitting  the  usual 
diplomatic  openings,  which  are  replaced  by  the  heading  Per  regem,  &c. 
followed  by  the  special  Injunction.  The  antiquity  of  this  departmental 
procedure  is  somewhat  uncertain,  but  it  can  be  traced  back  to  the 
reign  of  Henry  III,  and  possibly  even  earlier,  in  connexion  with  the 
principle  that  for  certain  purposes  the  assistance  of  the  Great  Seal 
might  be  invoked  by  a  petition  to  the  sovereign  or  procured  by  an 
initial  fee  to  the  keeper  of  the  Smaller  Seal*.  Evidently,  however,  the 
official  practice  continued  to  be  somewhat  vague  and  arbitrary  down 

*  Matters  of  State  such  as  the  change  of  the  royal  style  under  Henry  VIII  might  be  dealt 
with  in  this  way  and  enrolled  amongst  the  legal  Records  (cf.  alx)ve,  p.  i33). 

*  See  Deputy  Keeper's  ilh  Report,  Appx.  II.  p.  189.  An  excellent  account  of  the 
Procedure  is  given  in  Scargill-Bird's  (iuide   (2nd   ed.)  s.v.   Privy  Seals. 

*  Formula  Book,  Nos.  105  sq.  The  Bill  is  a  form  peculiar  to  the  Warrant  as  distinguished 
from  the  Missive. 

■•  Not  infrequently  the  Chancellor  is  required  to  prepare  a  suitable  despatch  in  connexion 
with  political  or  judicial  business.  We  also  notice  in  the  earlier  period,  particularly  in  the  reign 
of  Edward  I,  the  occasional  use  of  Privy  Seal  Letters  to  procure  redress  without  necessarily 
implying  the  issue  of  an  instrument  under  the  Great  Seal  for  this  purpose.  In  fact,  but  for  the 
circumstance  that  these  letters  were  not  returnable  like  the  Original  Writs  tie  cursu,  they 
would  scarcely  l)e  distinguishable  from  those  preserved  in  the  C'hancery  files.  In  one  case 
(Warrants  for  Issue,  Series  i,  1681,  17  Jan.  1183)  the  officials  arc  reminded  of  the  king's 
desire  to  encourage  poor  and  distressed  suitors  to  approach  him.  Indeed,  we  are  almost 
tempted  to  conjecture  that  at  this  stage  of  the  development  of  the  equitable  jurisdiction  of  the 
Chancery,  the  business  of  the  court  and  of  the  seal  went  hand  in  hand.  Somewhat  later  the 
usual  process  of  royal  intervention  in  the  course  of  justice  was  accomplished  by  a  Signet 
Warrant  to  procure  a  Privy  Seal  addressed  to  the  justices  which  would  Ix  followed  by  a 
judicial  writ  of  Supersedeas.  In  such  cases  the  intervention  of  the  seal  was  procured,  we  may 
suppose,  by  personal  |x:tition  as  in  the  case  of  I^etters  under  the  Great  Seal. 

»  Cf.  Rot.  Pari.  \\\.  388  b,  433  b  ;  iv.  496  b/ 


264         Later  Charters  and  Diplomatic  Instruments 

to  the  reign  of  Henry  VHP.  But  although  fronn  the  reign  of 
Edward  III,  if  not  still  earlier,  a  recognized  procedure  existed  ^  this 
was  frequently  ignored  in  practiced  The  good  offices  necessary  to 
procure  the  issue  of  Letters  Patent  or  Protections  were  sometimes 
performed  by  household  officers,  whose  interest  might  easily  be 
opposed  to  that  of  the  keepers  of  the  Seals^  At  length  it  became 
necessary  for  the  crown  to  intervene  by  obtaining  an  Act  of  Parlia- 
ment to  establish  the  jurisdiction  of  these  departments  on  a  firm 
footing'. 

Previous  to  this  declaratory  Act,  the  procedure  at  different  periods 
during  the  14th  and  15th  centuries  seems  to  have  been  as  follows.  In 
response  to  a  petition  presented  to  the  crown  a  Letter  under  the 
Signet  was  addressed  to  the  Keeper  of  the  Privy  Seal  requiring  him  to 
prepare  a  Warrant  under  that  Seal  as  an  authority  for  the  Chancellor 
to  issue  Letters  under  the  Great  Seal.  This  was  apparently  the 
normal  practice  and  one  which  differed  little  from  that  of  later  times. 

^  From  the  reign  of  Edward  I  a  considerable  number  of  original  Warrants  exist  under  the 
Privy  Seal,  as  authorities  for  the  issue  of  the  Great  Seal.  These  are  written  in  a  purely 
epistolary  style,  and  we  may  perhaps  suspect  that  such  informal  letters,  or  rather  Bills, 
were  the  official  predecessors  of  the  great  series  of  Signet  Warrants  which  become  of 
paramount  importance  from  the  reign  of  Richard  II.  The  early  letters  referred  to  are 
in  the  style  of  the  departmental  letters  of  the  period  preserved  in  the  Ancient  Corre- 
spondence of  the  Chancery,  commencing  with  an  Address  and  Salutation  and  containing  a 
mandate  (in  rogatory  terms)  for  the  good  offices  of  the  Chancellor  in  the  matter  set  forth  or 
inclosed. 

^  Chancery  Warrants,  &c.  File  1675  sq. 

*  Cf.  above,  p.  244  n.  2.  The  authorities  cited  here  seem  to  show  that  the  issue  of 
certain  instruments  under  the  Great  Seal  was  to  some  extent  a  matter  of  course  as 
early  as  the  beginning  of  the  14th  century.  At  the  same  time  we  may  reasonably  suppose 
that  the  sovereign  had  the  chief  voice  in  the  matter,  and  in  this  connexion  the  writs  of 
revocation  of  Letters  Patent  occasionally  found  are  significant.  Cf.  Pat.  34  Edward  III, 
Pt  2,  m.  6,  assigning  as  a  cause  for  revocation  that  the  extent  of  the  grant  non  fuit  intentionis 
nostrae. 

*  Cf.  Kot.  Pari.  III.  268,  from  which  we  learn  that  in  1372  the  Signet  was  usually 
procured  by  the  Chamberlain  or  Sub-Chamberlains  of  the  Household.  It  was  considered 
desirable  that,  in  the  case  of  venal  instruments  such  as  Pardons,  the  official  who  procured  the 
Signet  Bill  should  endorse  the  draft  prepared  for  the  Privy  Seal  to  ensure  his  responsibility  for 
the  concession  desired.  Originally  it  would  seem  that  the  Chancellor  himself  had  procured 
the  warrant  after  "speaking  with  "  the  King  on  the  subject,  but  this  practice  must  have  been 
replaced  by  the  rise  of  the  new  seal-bearing  officers.  Occasionally  we  have  a  glimpse  of  the 
informal  procedure  which  might  be  used  in  the  case  of  such  petitions  for  the  issue  of  Letters 
Patent.  To  original  Letters  Patent  granted  to  a  royal  debtor  for  pardon  of  arrears  at  the 
intercession  of  a  certain  courtier  there  are  attached  a  schedule  of  debts  and  a  contemporary 
note  of  the  petition,  together  with  several  other  petitions  in  other  cases,  reminding  us  of  the 
memoranda  sometimes  found  amongst  the  later  State  Papers  relating  to  suits  to  be  advanced 
by  the  Secretary  of  State  with  the  King  himself  or  before  the  Council.  Cf.  O.  L.  P.  (Exchequer), 
Bdle  I.  and  Chapter  House  Books,  No.  139  (Papers  of  Thos.  Cromwell). 

^  27  Henry  VIII,  c.  11.  . 


Later  Charters  and  Diplomatic  Instruments         265 

That  it  was  extensively  used,  is  proved  by  the  preservation  of  a  large 
series  of  these  Signet  Letters'. 

But  besides  this  formal  procedure,  the  warrant  in  question  might 
reach  the  Chancery  direct  as  a  Writ  or  Letter  under  the  Privy  or 
"  Secret "  Seal,  or  as  a  Privy  Seal  or  Signet  Bill,  or  as  a  Sign  Manual 
Warranto  Some  of  these  instruments  again  might  be  used  as  a 
covering  writ  or  letter  from  the  King  enclosing  the  petition  for  the 
Chancellor's  information,  or  the  royal  Fiat  might  be  inscribed  upon 
the  Petition  itself. 

In  the  Privy  Seal  writs,  however,  as  opposed  to  Bills,  a  process 
of  transition  can  be  observed  during  the  15th  century.  The  brief 
mandate  with  its  annexed  schedule  are  frequently,  from  the  reign  of 
Henry  VI,  incorporated  in  a  single  instrument  which  contains  full 
instructions  for  the  purpose  in  view.  Finally,  from  a  certain  period  in 
this  reign  the  writ  commences  with  a  mandate  to  prepare  an  instru- 
ment in  forma  sequenti  followed  by  a  draft  of  the  same  complete 
(except  as  to  the  protocols)  and  concluding  abruptly  with  the  usual 
attestation,  much  after  the  manner  of  an  Inspeximns.  Similarly,  the 
petitioner  might  submit  a  draft  of  the  instrument  desired,  possibly  in 
his  own  handwriting,  and  this  was  either  appended  to  a  petition,  or  was 
presented  in  the  form  of  a  draft  instrument  to  which  a  petition,  or  an 
official  docquet  giving  its  purport,  was  prefixed  as  a  heading.  Such  a 
draft  as  this,  when  approved  by  the  superscription  of  the  Sign  Manual, 
was  "expedited"  in  due  course.  The  effect  of  the  Sign  Manual  as  a 
superscription  to  a  Signet  Warrant  was  apparently  intended  to  procure 
its  immediate  execution  by  the  Chancellor.  These  drafts  omit  the 
official  details  of  the  Initial  and  Final  Protocols  which,  as  in  the  case  of 
the  later  King's  Bill,  were  inserted  at  a  further  stage  of  the  proceed- 
ings^  After  the  reign  of  Henry  VI  the  date  of  the  acceptance  of  the 
petition  and  adoption  of  the  draft  submitted  is  often  indicated  by  the 
addition  of  an  official  Dating  clause;  but  besides  this  an  official  memo- 
randum mentions  the  date  and  place  of  delivery  of  the  authorized 
draft  to  the  Chancellor  for  execution ^ 

'  In  the  case  of  the  great  Kxchequer  Scries  (T.  of  K. ),  however,  these  Signets  were 
intended  to  procure  the  Privy  Seal  alone. 

'  This  is  usually  indicated  by  the  departmental  minute  on  tlie  Chancery  enrolment,  Per 
ipsnm  rtgein. 

'  The  ahx)ve  change  of  practice  in  the  reign  of  Henry  VI  was  not  uniformly  observetl  <lo«n 
to  the  close  of  the  15th  century.  It  is  prol)al)lc  that  the  position  of  the  applicant  was  ct>n- 
sidcre<l,  and  there  is  a  common  variant  in  the  minute  for  issuing  the  Great  Seal  authorizing 
the  remission  of  fees  Pro  Deo  or  Quia  pauper. 

*  The  origin  of  this  practice  which  is  commemorated  in  the  \% ell  known  dc|>artmental 
minute,  auctoritate  Parliamenti,  Ss'e.  may  prolmhly  lie  found  in  the  Statute  18  llcnry  VI.  c.  I 
(cf.  Rot.  Pari.  v.  33  a). 


266         Later  Charters  and  Diplomatic  Instruments 

The  formulas  of  the  Warrant  under  the  Privy  Seal  or  Signet, 
whether  in  Latin  or  French',  exhibit  numerous  variations.  In  the 
earliest  period,  as  we  have  seen,  such  letters  are  informally  addressed 
to  the  keepers  or  clerks  of  the  Chancery  and  bear  no  announcement 
of  sealing.  In  some  instances,  especially  in  Passes,  provisos  may  be 
added  in  a  Final  claused 

In  its  earliest  and  simplest  form  the  Privy  Seal  Warrant  for  the 
issue  of  the  Great  Seal,  whether  procured  by  a  Signet  Letter  or  not, 
appears  as  an  instruction  to  the  Chancellor  for  the  preparation  of  an 
instrument  to  meet  the  requirements  of  a  Petition  which  is  stated  to 
be  annexed  I  The  motive  of  this  instruction  is  usually  stated  in  the 
Exposition  of  the  writ\  The  Injunction  which  follows  this  Exposition 
is  generally  found  as  a  simple  mandate^  but  from  the  reign  of 
Richard  II  the  later  stereotyped  formula  (^Nos)  volentes — vobis  man- 
damus begins  to  appear.  In  the  case  of  formal  instruments,  such 
as  Protections,  it  was  evidently  unnecessary  to  forward  detailed  in- 
structions and  the  Salutation  is  followed  by  a  direct  Injunction*.  In 
other  cases  the  object  of  the  warrant  was  merely  to  authorize  the 
seal  to  be  affixed''  to  instruments  already  drawn,  and  these  are  to  be 
returned  by  the  bearer  when  sealed. 

In  the  composition  of  these  instruments  a  uniform  and  technical 
arrangement  is  followed.  Thus  a  warrant  which  refers  to  a  grant  to 
be  made  by  royal  charter",  enjoins  the  preparation  of  a  corresponding 
instrument'-'  with  suitable  variants  in  the  case  of  Letters  of  Protection 
or  Attorney,  &c. 

During  the  period  in  which  the  greater  number  of  these  Warrants 
are  composed  in  French,  we  are  presented  with  an  idiomatic  and  not 
ungraceful  version  of  the  conventional  Latin  writ.     In  the  1 5th  century, 

^  Roughly  speaking,  these  instruments  are  bilingual  (Latin  and  French)  from  the  reign 
of  Edward  II  to  that  of  Henry  V,  and  trilingual  in  the  reigns  of  Henry  V  and  VI.  Under 
Edward  IV  French  is  rapidly  superseded  by  Latin  and  English,  and  the  latter  has  achieved 
a  virtual  supremacy  from  the  reign  of  Henry  VII.  In  the  earliest  period,  however,  the 
Privy  Seal  is  associated  with  a  Latin  script,  whilst  French  is  evidently  predominant  in 
the  middle  of  the  14th  century. 

^  e.g.  to  guard  against  a  breach  of  the  bullion  laws.  In  the  case  of  Protections  a  mere 
direction  is  given  for  the  clause  Volumtts,  &^c.  (as  in  the  procedure  under  Letters  Patent). 

•*  In  cedula  prasentibits  interclusas. 

*  Quia  concessivmsy  S^fc.  suscepimus  in  protectionem,  &^c.  daliim  est  nobis  intelligi,  &>£. 

■'  Fobis  mandamus.  In  the  case  of  instructions  for  special  occasions  we  usually  find 
scribads. 

*  Mandelis.  ^  Sigillari facialis. 
"  Cum  de  gratia  nostra,  &^c.  concessimits,  &€. 

"  Curiam,  sub  magna  sigillo  nostro,  de  concessioiu  nostra  hujusmodi  habere,  in  forma 
debita  facialis. 


Later  Charters  and  Diplomatic  Instruments         267 

however,  a  large  proportion  of  the  existing  Warrants  are  found  as 
Engh'sh  versions  which  display  considerable  originality  of  composition, 
especially  when  couched  in  an  epistolary  form. 

For  certain  purposes,  as  we  have  seen,  an  impersonal  form  of  writ 
was  used,  especially  for  procuring  writs  of  Allocate  and  Letters  of 
Protection.  This  is  the  well-known  Fiat  which  may  be  regarded 
as  an  official  minute,  resembling  the  later  "  Signed  Bill  "  or  "  Imme- 
diate Warrant,"  rather  than  as  a  complete  diplomatic  instrument '. 

In  addition  to  the  usual  verification  "^  by  Privy,  Secret  and  Signet 
Seals  or  by  the  Sign  Manual,  the  distinctive  armorial  seals  are  again 
employed.  In  certain  cases  also  a  Bill  or  Fiat  is  procured  by  the 
Treasurer,  Butler,  Ulnager  or  other  great  Officer  acting  strictly  within 
his  departmental  jurisdiction  ^ 

So  matters  stood  when  the  famous  Act  of  27  Henry  VIII,  c.  11 
was  passed,  which  effected  a  complete  reformation  of  the  existing 
procedure.  For  some  time  past  there  had  been  signs  of  an  increasing 
formality  in  the  execution  of  these  Warrants,  and  a  sharper  line  of 
distinction  had  already  been  drawn  between  the  several  stages  of 
their  departmental  preparation.  In  one  direction  we  notice  that  the 
drafts  are  countersigned  and  expedited  with  the  addition  of  con- 
spicuous departmental  memoranda  and  official  counter-signatures. 
In  another  direction  we  see  a  tendency  to  develop  the  second  stage 
of  the  proceedings  by  elaborating  the  forms  of  Privy  Seal  Writs 
and  Bills  and  of  Signet  Letters  and  Bills.  In  spite  of  this,  however, 
it  will  be  evident  from  the  number  of  petitions  with  appended  drafts 
preserved  as  Warrants  under  the  Sign  Manual*,  as  well  as  from  the 
terms  of  the  above  Act,  that  the  good  offices  of  a  friend  at  Court, 
or  a  convenient  show  of  poverty,  could  enable  the  formal  issue  of 
letters  of  the  Signet  and  writs  of  the  Privy  Seal  to  be  readily 
dispensed  with.  This  evasion  of  the  customary  fees  struck  a  blow 
at  the  whole  official  system  which  had  been  gradually  evolved  since 

'  Cf.  above,  p.  166  and  Formula  Book,  No.  123.  The  Fiat  varies  in  form  according  as 
the  directions  given  are  "  general "  or  "  special."  In  the  latter  case  details  amounting  to  a 
draft  of  the  intended  writ  may  l)e  given  therein. 

'■'  These  .Seals  are  invariably  affixed  to  the  dorse  of  the  Letter,  Writ  or  Bill  and  apfx-ar  to 
have  l)een  intended  in  the  case  of  the  .Signet  at  least  to  secure  the  document  when  folded 
and  closed  by  a  band.  In  later  times  a  distinction  Ixrtwecn  a  I'rivy  Seal  Writ  and  Letter 
consisted  in  the  execution  of  the  latter  by  means  of  a  {lendent  seal  (cf.  aliove,  p.  161).  In 
the  case  of  I'rivy  Seal  Bills  (Protections),  however,  the  Seal  was  usually  affixed  on  the  face 
and  immediately  following  the  last  word  of  the  writing. 

•  Cf.  above,  p.  164  and  Formula  Book,  Nos.  118—131. 

*  Chancery  and  Exchequer  T.  of  K.  Warrants  for  Issues,  Series  it.  The  counter- 
signatures of  these  instruments  are  noticeable,  a  device  found  asearly  as  the  reign  of  Edward  II. 


268         Later  Charters  and  Diplomatic  histruments 

the  reign  of  Edward  I.  Moi'eover,  in  addition  to  these  vested 
interests  two  new  departments  of  State  had  to  be  considered,  those 
namely,  under  the  charge  of  the  Secretary  of  State  and  the  law 
officers.  A  somewhat  cumbrous  procedure  was  eventually  enforced 
by  the  operation  of  the  new  Act.  Hitherto,  as  we  have  seen,  the 
royal  warrant  might  take  the  single  form  of  a  Privy  Seal,  a  Privy 
Seal  Bill,  a  Signet  Letter  or  a  Sign  Manual  Warrant,  enclosing  or 
appending,  respectively,  a  Petition  for,  or  a  draft  of,  an  instrument 
under  the  Great  Seal.  In  future,  however,  the  traditional  Petition 
was  to  be  taken  under  the  protection  of  the  Secretary  of  State, 
who  procured  the  Sign  Manual  Warrant,  which  might  no  longer, 
except  in  special  cases, serve  as  an  "Immediate"  Warrant  for  the  issue 
of  Letters  Patent.  Instead,  the  Warrant  only  authorized  the 
preparation  of  a  "  King's  Bill "  which  represents  the  mediaeval  draft 
of  proposed  Letters  Patent,  which  had  been  hitherto  commonly 
amalgamated  with  the  Petition  and  the  subsequent  Warrant.  At 
the  same  time  it  should  be  noted  that  the  modern  procedure  cannot 
be  regarded  as  permanently  established  for  many  years  after  the 
passing  of  the  Act  of  1535,  owing  to  the  continued  use  of  Signed 
Bills  as  "Immediate"  Warrants.  In  the  next  century  we  find  a 
greater  uniformity  of  procedure,  especially  in  the  case  of  formal 
grants  ^  Moreover,  it  is  now  the  duty  of  the  department  of  State  ^ 
which  procures  a  Warrant  to  submit  the  petition  whereby  it  first 
originated  to  the  law  officers  of  the  crown  or  other  officials  concerned 
in  the  matter.  The  "Reference"  was  followed  in  due  course  by  a 
"  Report,"  upon  consideration  of  which  a  Sign  Manual  Warrant  was 
issued  for  the  preparation  of  a  King's  Bill  for  which  the  law  officers 
were  responsible  ^ 

This  "  Bill,"  which  again  bore  the  Sign  Manual,  was  then  passed 
on  to  the  Signet  Office,  and  thence  under  the  Signet  to  the  Privy 
Seal  Office*  for  formal  execution.  Here,  in  consideration  of  the 
payment  of  the  official  fees,  the  protocols  were  completed  and  the 
departmental  seal  was  again  appended.  Thus  the  Secretary  of  State's 
Signet  was  the  authority  for  the  Lord  Privy  Seal  to  issue  a  writ  of 
Privy  Seal,  which  in  turn  authorized  the  Chancellor  to  issue  the  Letters 

^  See  Formula  Book,  pp.  114 — 118  and  below,  Appendix,  where  a  concrete  instance  is 
displayed. 

■■'  These  included  the  quasi-judicial  courts  of  Wards  and  Surveyors  as  well  as  household 
officers  and  the  independent  patentees  of  the  crown,  but  the  great  majority  of  I-etters  Patent 
were  procured  by  the  Secretaries  of  State. 

*  The  Caveat  which  might  be  entered  by  interested  parties  at  this  stage  was  at  first 
registered  in  the  Secretary  of  State's  Office,  though  regarded  in  later  times  as  under  the  super- 
vision of  the  law  officers.     It  was  also  employed  by  the  Treasury  Board. 


Later  Charters  and  Diplomatic  Instruments         269 

Patent.  These  in  an  earlier  period  might  have  been  already  drafted 
by  the  applicant,  or  by  the  official  department  which  had  procured 
the  authority  of  the  Sign  Manual  for  their  expedition. 

There  was,  however,  something  else  that  the  officials  did  for  their 
money.  At  each  of  these  stages  in  the  slow  progress  of  the  Petition 
towards  diplomatic  maturity  an  official  entry  was  made  of  the  nature 
of  the  proposed  grant  which  has  served  a  useful  purpose  in  these 
later  times.  An  abstract  was  also  inscribed  upon  the  instrument 
itself  in  its  several  stages  corresponding  to  the  official  Docquet ' 
preserved  in  the  well-known  Docquet  Books  of  the  several  depart- 
ments concerned.  In  addition  to  this  abstract  the  usual  official 
memoranda  and  counter-signatures  were  appended  to  the  drafts. 
The  seals  themselves  were  in  this  later  period  attached  by  means 
of  strips  to  the  dorse  of  the  instrument,  another  variation  of  the 
ancient  practice  of  sealing  en  placard.  In  one  case  or  another, 
therefore,  we  should  find  the  several  documentary  evidences  relating 
to  the  issue  of  Letters  Patent  which,  for  the  sake  of  clearness,  have 
been  enumerated  in  tabular  form  as  an  Appendix  to  the  present 
chapter.  At  the  same  time  it  should  be  remembered  that  the  practice 
herein  was  not  only  conventional  but  somewhat  arbitrary,  whilst 
owing  to  the  large  number  of  documents  missing  from  the  several 
official  series  the  actual  procedure  in  individual  cases  can  no  longer 
be  ascertained  with  any  certainty.  Moreover,  it  is  necessary  to 
distinguish  between  the  regular  procedure  and  the  official  practice 
whereby  Letters  Patent  were  issued  for  departmental  or  extraordinary 
purposes  by  virtue  either  of  an  "Immediate"  Warrant  procured  by 
the  Secretary  of  State  or  by  a  Signed  Bill  usually  procured  by  the 
Chancellor  himself.  These  special  instruments  passed  the  inter- 
mediate stages  of  expedition,  being  merely  noted  by  endorsement 
of  the  royal  warrant  and  abstracted  in  the  Docquet  Books  of  the 
offices  concerned,  in  order  that  the  usual  fees  might  be  claimed  as 
directed  by  the  Act  of  1535. 

*  This  Doc(juet  a.s  seen  in  the  Kinjj's  Hill  is  possibly  derivetl  from  the  old  offiml 
presentment  of  the  original  jjetition  as  a  heading  to  the  drafts  of  the  pro|x)se<l  instruments, 

'  See  Formula  Hook,  p.  117.  An  elalx)rate  account  of  this  procedure  will  lie  found 
in  the  Deputy  h'ecpei's  7mi  Report.  A  short  and  admirably  clear  account  will  l)e  found  in 
Mr  Scargill-Bird's  Guide. 


LETTERS,    STATE    PAPERS    AND    DEPART- 
MENTAL  INSTRUMENTS. 


(a)     Mediaeval  and  Modern  Official  Letters. 

In  the  State  Papers  of  the  i6th  century,  regarded  as  Royal 
Letters  or  official  correspondence,  the  devolution  of  the  mediaeval 
writ  or  letter  missive  can  be  clearly  traced.  Specimens  of  these 
diplomatic  forms  may  still  be  found  in  a  considerably  later  period, 
but  for  a  long  time  past  they  have  been  giving  place  to  an  epistolary 
modification  which  has  been  evolved  from  the  trilingual  instruments 
in  use  during  the  greater  part  of  the  15th  century.  At  length,  with 
the  beginning  of  the  i6th  century,  the  bulk  of  the  official  corre- 
spondence hitherto  associated  with  the  practice  of  the  royal  Chancery 
has  begun  to  assume  a  conventional  and  vernacular  form. 

An  epistolary  style  was  naturally  employed  in  this  country,  as 
abroad,  from  a  very  early  date.  Its  use,  however,  may  be  regarded 
in  the  light  of  a  literary  exercise  rather  than  as  a  means  of  official 
communication,  although  we  have  seen  that  the  composition  of  the 
vernacular  writ  was  materially  afifected  thereby,  even  before  the 
Norman  Conquests 

In  one  aspect,  therefore,  the  private  letter  appears  to  furnish  us 
with  better  examples  of  the  epistolary  style  than  the  royal  missive 
itself.  On  the  other  hand,  we  must  remember  that  the  existing  series 
of  mediaeval  official  letters  is  somewhat  fragmentary  and  that  there  is 
no  consistent  use  of  epistolary  forms  until  the  general  adoption  of  the 
vernacular  style^. 

Whether  the  formulas  of  this  vernacular  letter  can  be  derived 
directly  from  the  French  or  Latin  models  of  an  earlier  period  is  a 
somewhat  obscure  point.  Presumably,  however,  they  are  versions  of 
the  French,  influenced  to  some  extent  by  classical  models,  and 
possibly  also  by  Old  English  traditions. 

^  Above,  p.  208. 

-  Distinct  epistolary  formulas  were  recognized  by  early  writers  in  the  dictation  of  the 
mediaeval  letter  which  was  regarded  as  tieing  composed  of  five  parts;  i  Salntatio, 
1  Exordium  {or  BenevolentKe  Cap/atio),  3  Narratio,  4  Petitio,  5  Conclusio,  (Cf.  F.  Hahn, 
ColUctio  Munimentorum  {1724),   I.  279  sqq.). 


Letters,  State  Papers  and  Departmental  Instruments    271 

In  another  aspect,  however,  they  may  be  regarded  as  reproduc- 
tions of  mere  oral  conventions,  the  everyday  Salutation,  Address 
and  Valediction  which  were  highly  elaborated  in  a  more  ceremonious 
age\ 

The  conventional  letter  above  referred  to  was  undoubtedly  of  a 
more  cosmopolitan  character  than  the  true  diploma.  In  this  country, 
as  in  others,  the  influence  of  the  Roman  Curia  is  clearly  seen  in  the 
royal  and  ecclesiastical  correspondence  which  furnishes  the  greater 
number  of  mediaeval  letters  before  the  advent  of  the  merchant-prince 
and  the  statesman-scholar.  The  Paston,  Stonor  and  Cely  Letters^ 
are  indeed  merely  survivals  of  a  large  class  of  everyday  correspond- 
ence composed  in  the  Stilus  Angliais,  which  may  be  dated  from  or  near 
the  beginning  of  the  15th  century.  At  the  same  time  it  will  be  found 
that  the  essential  formulas  of  these  vernacular  letters  are  practically 
versions  of  French  and  Latin  i)hrases  which  are  in  turn  derived  from 
an  early  Chancery  styled 

The  chief  distinction  then  between  the  mediaeval  letter  and  the 
many-sided  writ  is  seen  in  the  transposition  of  the  Superscription  and 
Address,  the  omission  of  the  official  Dispositive  or  Injunctive  clauses, 
and  the  substitution  of  a  mere  Valediction  for  a  formal  Attestation. 
At  the  same  time  the  respective  styles  of  the  Superscription  and 
Address  are  preserved  in  the  modern  letter,  and  the  essential  words  of 
the  Salutation  and  even  of  the  Notification  and  Exposition  are  easily 
recognized''.  In  these  epistolary  formulas,  however,  we  notice  certain 
variants  which  are  characteristic  of  the  period  or  of  the  position  of 
the  scribe  ;  for  probably  every  age  has  had  its  own  "  Polite  Letter 
Writer." 

Before  the  middle  of  the  14th  century  the  less  formal  and  more 
direct  style  of  Address,  which  is  apparently  of  ecclesiastical  origin, 
has  begun  to  be  extended  to  a  wider  circle  of  correspondents.  The 
characteristic  feature  of  this  privileged  style,  whether  in  Latin,  French 
or  vernacular  .scripts,  is  the  direct  but  impersonal  Address,  and  the 

'  It  is  obvious  that  in  our  iiKKlern  forms  of  salutation  and  leave-taking  the  same  elementary 
courtesies  are  preserve<l.  The  Address,  however,  like  the  Superscription  or  Suliscription,  is 
not  requireil  where  the  parties  are  acepiainted  ;  though  it  is  retained  in  the  preliminary  form 
of  j>ersonal  introduction. 

'  The  remarkable  vicissitudes  of  the  first-named  collection  are  well  known.  The  others 
owe  their  preservation  to  having  l)een  dejjosiied  in  official  custo<ly  in  the  course  of  litigation 
(Ancient  Correspondence  (Chancery)  and  Stale  Papers  Supplementary). 

'  e.g.  Letters  Missive  under  the  Signet  or  Sign  Manual.  The  Old  English  writ  with  its 
epistolary  innovations  jK-rhaps  forms  a  link  l)etween  the  two  styles. 

^  The  abbreviated  or  epigrammatic  forms  of  Address  and  Salutation  found  in  mediaeval 
letters,  such  as  SaliiUm  qnam  j/7//  and  suo  /xilri,  «St*<-.  do  not  seem  to  be  {perpetuated  in  later 
English  forms.     For  these  and  other  epistolary  types,  see  Formula  Book,  Ntw.  155  — 171. 


272    Letters,  State  Papers  and  Departmental  Instruments 

displacement  of  the  initial  Superscription  which,  by  an  easy  transition, 
eventually  finds  its  place  as  a  Subscription.  The  Address  itself  is 
completed  by  the  endorsement  of  the  title  of  the  person  addressed, 
whilst  the  title  of  the  writer  and  the  purport  of  the  letter  are  also 
frequently  appended,  being  docqueted  in  a  later  period  as  a  memo- 
randum of  Receipt'. 

With  this  simple  change  of  style  the  evolution  of  the  modern 
State  Paper  or  departmental  Letter  is  practically  completed.  The 
variants  are  few  and  unimportant.  An  Invocation  may  be  prefixed 
to  the  ceremonious  Address  by  devout  correspondents.  The  Notifica- 
tion or  Exposition  may  precede  a  parenthetic  Address,  whilst  in  more 
modern  times  a  narrative  form  of  letter,  commonly  described  as  "in 
the  third  person,"  comes  into  use,  and  here  a  formal  Superscription 
once  more  precedes  an  equally  formal  Address  and  is  associated 
with  a  ceremonious  Salutation ;  the  Notification  being  usually  well 
defined. 

Naturally  the  epistolary  style,  affected  by  a  number  of  independent 
departments  during  four  centuries  of  official  activity,  will  exhibit 
periodical  changes  as  in  the  royal  Chancery  itself  Again,  the  indi- 
viduality of  the  writer  counts  for  something  bath  in  respect  of  the 
choice  of  recognized  forms  and  in  the  recourse  which  may  be  made  to 
certain  conventional  devices^ 

On  the  whole,  however,  the  official  letter,  whatever  its  purport,  was 
singularly  homogeneous  in  point  of  style  during  successive  genera- 
tions, although  we  are  conscious  of  a  considerable  interchange  of 
diplomatic  and  epistolary  forms  as  late  as  the  middle  of  the  i8th 
century.  But  long  before  this  date,  the  familiar  Address  and  Sub- 
scription of  the  modern  letter  can  be  recognized  in  our  official  corre- 
spondence. It  has  been  already  observed  that  the  evolution  of  the 
characteristic  formulas  would  seem  to  have  been  effected  by  a  simple 

1  It  is  curious  to  notice  that  this  formal  Address,  when  it  is  not  written  on  the  band 
secured  by  the  Seal,  seems  to  have  been  originally  used  in  connexion  with  the  appended 
Subscription,  the  former  being  written  in  the  left-hand  corner  of  the  letter  and  the  latter  to 
the  right  of  it,  the  seal  being  sometimes  affixed  between  them  in  the  centre  of  the  sheet  as, 

"To  his  dear  lord  A.         (    LS   )         From  his  humble  servant  B." 

In  many  cases,  however,  the  Address  and  Subscription  are  used  independently,  though  the 
practice  of  writing  each  of  these  in  the  same  position  has  endured  for  several  centuries.  For 
a  specimen  of  a  i.sth  century  address  see  Public  Record  Office  Museum,  Case  H,  No.  84. 

*  Such  as  the  plea  of  haste  or  the  excuse  for  poverty  of  ideas  which  may  (as  now)  precede 
the  Valediction.  An  abrupt  conclusion  seems  to  have  been  equally  avoided  by  later 
mediaeval  writers,  who  employ  an  ejaculation  which  savours  of  the  diplomatic  Apprecatio  in 
such  formulas  as  "Which  knoweth  Almighty  God,  who,  dear  lord,  have  you  ever,"  &c. 


Letters,  State  Papers  and  Departmental  Instru77ients    273 

transposition,  whereby  the  nominative  Superscription  is  displaced 
by  a  vocative  Address.  The  Final  clause  announcing  the  terminal 
Subscription  was  apparently  derived  from  an  expansion  of  the  old 
Superscription  following  the  dative  Address,  and  preceding  the  Salu- 
tation which,  like  the  terminal  Valediction,  is  now  dispensed  with. 
Thus,  instead  of  beginning  in  the  mediaeval  Latin  style,  "  To  his  dear 
lord  A.  his  humble  servant  B.  gives  greeting  and  due  obedience,"  and 
ending,  "  May  your  lordship,  in  God's  keeping,  ever  fare  well,"  the 
later  correspondent,  following  the  process  indicated  above,  will  write, 
*'  My  lord — I  am,  my  lord,  your  lordships  most  obedient,  humble 
servant  B.,"  addressing  the  letter  both  on  front  and  dorse  "  To  the 
lord  A.,  &c.,  &c." 

It  has  also  been  previously  observed  that  the  process  by  which 
this  modern  version  has  been  elaborated  may  be  traced  without  much 
difficulty  by  means  of  a  progressive  series  of  formulas  in  the  trilingual 
texts  of  the  15th  century,  and  the  same  progressive  evolution  may  be 
noticed  during  the  two  succeeding  centuries.  The  process  of  evolu- 
tion is,  however,  slow  and  somewhat  obscure.  The  vocative  does  not 
always  replace  the  dative  Address  and  the  letter  frequently  begins 
with  a  Salutation',  and,  in  some  cases,  with  a  Notification  or  Exposi- 
tion. Even  when,  by  the  middle  of  the  16th  century,  the  vocative 
Address  has  become  well  established,  the  ceremonious  style  of  an 
earlier  period  is  still  preserved  in  a  vernacular  version  and  extends  to 
the  remaining  clauses.  The  person  addressed  is  "worshipful,"  "right 
worshipful,"  or  "  honourable."  Formerly,  he  would  have  been  "  most 
excellent,"  or  "illustrious,"  and  he  still  remains  "reverent."  The 
idea  of  feudal  allegiance  will  be  found  to  have  survived  in  the 
several  equivalents  for  the  mediaeval  fidele  servttiwn,  debita  obsequia, 
humilis  tninister  and  the  like,  giving  us  such  common  forms  as  "  to 
command,"  "dutiful,"  "  bounden,"  "obliged,"  "faithful"  and  "humble 
and  obedient "  (servant). 

These  and  kindred  forms  are  freely  used  in  official  and  semi- 
official correspondence  down  to  the  middle  of  the  17th  century, 
side  by  side  with  a  style  of  endearment  which  has  equally  a  mediaeval 
origin.  Here  "  dilectus,"  "  amantissimus,"  "  carissimus,"  "  amicus  "  and 
the  rest  have  their  equivalents  in  "dear"  (sir)  and  "loving"  or  " affec- 
tionate" (friend  )l 

'  "  After  my  hearty  commendations. " 

'  "  .Sir,"  as  a  simple  Address,  is  rare  Iwforc  the  17th  century  in  the  English  style,  though 
common  in  the  I^itin  and  French.  After  the  Restoration  it  is  the  usual  aliirn.ntivc  to  the 
archaic  style  still  retained  in  departmental  correspondence. 

H.  18 


2  74    Letters,  State  Papers  and  Depa^^tmental  Instruments 

Again,  the  inevitable  Salutation,  after  losing  its  Latin  form,  re- 
tained for  some  time  in  French  and  English  versions,  is  stereotyped 
as  "  After  my  hearty  commendations,"  a  phrase  which  lasts  longer  in 
official  than  in  private  correspondence. 

The  epistolary  form  of  the  Notification  is  less  irregular,  though  it  is 
not  an  essential  element  of  either  the  mediaeval  or  the  modern  letter. 
In  the  former,  Significamus  is  not  infrequently  used  instead  of  the 
diplomatic  Sciatis,  and  the  early  vernacular  version  "we  let  you  wit" 
is  superseded  by  the  equally  persistent  phrase,  "  These  are  to  inform 
you'."  The  Valediction  lingers  till  the  17th  century  in  the  formula 
"  I  take  my  leave,"  but  the  pious  committal  to  a  Holy  keeping  was 
possibly  avoided  as  a  superstitious  usage". 

The  use  of  distinct  styles,  for  formal  and  familiar  occasions  re- 
spectively, is  characteristic  of  the  official  epistolary  style  of  the  Middle 
Ages.  This  practice  was  continued  by  the  secretariats  of  a  later 
period,  and  both  forms  occur  in  Royal  Letters  down  to  the  beginning 
of  the  last  century.  The  Latin  style  was  purely  conventional  during 
the  1 8th  century,  but  in  the  use  of  French  there  was  scope  for  some 
discrimination.  The  correct  Address  of  a  foreign  potentate  varied 
according  to  the  circumstances  of  the  case.  At  one  time  we  find 
the  mediaeval  style  "  Tres  haut,  tres  excellent  et  tres  puissant  prince, 
notre  tres-cher  et  tres-aime  "  with  a  committal  to  the  "  sainte  et  digne 
garde"  of  the  Almighty.  At  another  time  a  more  suitable  Address 
is  found  in  "  Monsieur  mon  frere,"  concluding  with  the  expression 
of  a  "  distinguished  consideration."  The  use  of  the  vernacular  which 
had  been  chiefly  employed  since  the  close  of  the  15th  century  in 
Royal  Letters  directed  to  the  subjects,  did  not  apparently  extend 
to  this  diplomatic  correspondence  before  the  days  of  the  Regency, 
and  then  merely  amounts  to  a  literal  version  of  the  familiar  French 
form,  as  "  Sire,  my  brother,"  &c. 

1  Cf.  Si  placet,  Plese — assavoir,  ' '  Plese  it — to  understand. "  As  an  alternative  to  this 
Notification  we  have  as  an  iiwipit  the  common  form  of  Exposition,  "Understanding  that," 
as  well  as  the  expressive  declaration  "So  it  is  that." 

-  Other  survivals  of  early  Salutations  and  Valedictions  will  perhaps  be  seen  in  such  phrases 
as  "presents  his  compliments"  and  "with  much  truth."  Even  the  familiar  "ever"  has 
some  significance,  for  semper  is  used  with  special  emphasis  in  mediaeval  formulas ;  whilst 
such  common  forms  as  "Believe  me,"  "I  remain,"  "Wishing  you,"  "With  kind  regards," 
&c.  may  have  their  counter-parts  in  an  ancient  epistolary  phraseology. 


Letters,  State  Papers  and  Departinental  Instruments    275 


{b)     Secretarial  Instruments. 

It  will  be  evident  from  the  above  description  of  the  evolution 
of  the  modern  letter  that  no  sharp  distinction  can  be  drawn  between 
the  official  and  the  private  types  before  the  middle  of  the  17th 
century.  This  as  we  have  seen  was  apparently  due  to  the  persistent 
use  of  certain  diplomatic  forms  which,  though  mere  survivals  of  an 
earlier  practice,  were  chiefly  employed  for  the  composition  of  official 
missives  down  to  a  comparatively  modern  period. 

The  casual  division  of  official  business  between  the  Secretary  of 
State's  department  and  the  Chancery  throughout  the  i6th  century 
has  been  already  noticed.  The  changes  in  political  and  judicial 
procedure  during  this  period  resulted  in  the  final  absorption  by  the 
Secretariat  of  the  political  business  formerly  conducted  by  the 
Chancellor,  following  the  precedent  of  the  earlier  usurpation  of 
similar  functions  by  the  royal  Wardrobe.  As  the  result  of  this 
encroachment  we  still  find  preserved  in  the  existing  collection  of 
State  Papers  a  large  number  of  drafts  and  copies  of  diplomatic 
instruments,  and  a  long  series  of  entry  books  or  Docquets  of  Privy 
Seals,  Signed  Bills,  Signet  Letters,  and  Sign  Manual  Warrants'. 

The  diplomatic  features  of  these  instruments  have  been  described 
elsewhere,  but  their  influence  upon  the  epistolary  forms  of  con- 
temporary State  Papers  and  departmental  Records  may  be  noticed 
here. 

The  importance  of  the  Privy  Seal  and  Signet  "  Letters  "  in  this 
connexion  is  especially  noticeable,  since  they  supply  the  common 
form  of  the  official  missive  employed  during  the  whole  of  the  i6th 
and  the  greater  part  of  the  17th  centuries*.  These  so-called  letters 
are  in  effect  diplomatic  instruments  under  the  Privy  Seal  or  Signet, 
distinguished  only  from  ordinary  writs  and  bills  by  their  epistolary 
form.  The  mediaeval  despatch  moreover,  as  we  have  seen,  is  apt  to 
degenerate,  in  the  ministerial  correspondence  of  the  17th  and   i8th 

'  See  Public  Record  Office  "  Indexes  and  Lists,"  No.  3,  and  Formula  Rook,  Nos.  171  sq. 
Pr(x:lamatiuns  might  also  l)c  regarde<l  as  secretarial  instruments,  inasmuch  as  they  are 
counter-signed  by  the  Secretary  of  State  and  are  conceme<l  with  political  matters.  Oa  the 
other  hand  they  are  public  instruments,  and  they  arc  not  preserved  in  de{>artmental  collections. 
For  the  mcxlern  xspect,  see  Anson  Law  and  Custom  of  the  Couslitution  (1907),  II.  (i)  p.  50. 

'  e.g.  The  King's  and  Secretaries'  Ix;tters  amongst  the  Domestic  Entry  B<x>ks  of  the 
Secretariat.  The  King's  Letter  Hooks  contain  chiefly  the  well-known  "  Royal  letters," 
l»eing  Letters  of  Credence,  Notification,  Exhortation,  Congratulation  or  Condolence  addressed 
to  foreign  (mtentates,  some  of  which  are  written   in  a   familiar  style  as  stated  alM)ve. 

18—2 


276    Letters,  State  Papers  and  Departmental  Instruments 

centuries,  into  an  official  affectation.  Its  diplomatic  features  may  be 
described  as  follows.  There  is  a  vocative,  impersonal  Address  and 
a  Valediction,  both  in  a  style  of  affection '.  The  Salutation  and 
Notification  preserve  conventional  versions  of  earlier  forms  I  An 
Exposition  is  often  founds  and  the  Dispositive  or  Injunctive  clause 
when  present  is  in  the  diplomatic  form^  In  some  cases  there  is  a 
Final  clause  in  the  shape  of  a  further  Injunction  or  Proviso  which  is 
of  purely  mediaeval  origin  I 

In  the  epistolary  instruments  under  the  royal  Signet  and  Sign 
Manual,  practically  the  same  form  is  preserved  from  the  1 5th  century 
to  the  19th.  Indeed,  but  for  the  fact  of  their  occurrence  in  depart- 
mental Letter  Books  it  would  scarcely  have  been  necessary  to 
examine  their  construction  further.  Such  an  examination  will, 
however,  indicate  the  use  that  was  made  of  these  instruments  as 
models  for  the  conventional  official  letter  of  the  17th  century. 

{c)     Departmental  Instruments. 

In  an  earlier  period  we  should  be  almost  justified  in  assuming 
that  the  official  letter,  as  distinguished  from  these  royal  instruments, 
on  the  one  hand,  and  private  correspondence  on  the  other,  did  not 
as  yet  exist.  It  was  apparently  called  into  existence  by  the  erection 
of  the  new  State  departments  under  Boards  of  Commissioners  from 
the  middle  of  the  17th  century".  These  official  bodies  acting  in  the 
name  of  the  crown  made  use  of  the  general  forms  of  royal  instru- 
ments, but  with  certain  necessary  modifications. 

The  departmental  letter  that  was  thus  elaborated  may  be  briefly 
described  as  follows.  There  is  a  conventional  Salutation  "^  in  the 
place  of  an  Address,  followed  by  an  Exposition  ^  The  Injunctive 
clause  is  usually  found  as  a  direction  or  requisition",  and  is  almost 
invariably  followed,  as  in  a  Royal  Letter,  by  the  usual  official 
warranty'".     There  is  no  Valediction,  but  the  letter  concludes  with 

^  "  Right  trusty  and  well-beloved — and  so  we  bid  you  heartily  farewell." 

2  11  \Ye  greet  you  well,"  "  And  we  let  you  wit  that." 

3  II  Whereas,"  &c. 

■•  "We  are  pleased  by  these  presents  to  grant,"  &c.     "Our  Will  and  Pleasure  is,"  &c. 
"  "  For  it  is  our  pleasure,"  &c.  (of.  Vohimtis  enitn).    "Wherefore  we  will  and  command," 
&c.     "  Provided  that,"  &c.     "And  these  our  letters  shall  be— a  sufficient  warrant,"  &c. 
®  For  Trade,  the  Navy,  Admiralty,  Ordnance,  Customs,  &c. 
'  "  After  our  hearty  commendations." 
8  "Whereas,"  &c.  "  Forasmuch  as,"  &c. 
^  "These  are  to  direct  (pray)  and  require  you,"  &c. 
'"  "  And  for  so  doing  this  shall  be  your  warrant." 


Letters y  State  Papers  and  Departmental  Instruments    277 

a  Subscription  in  affectionate  terms ',  From  the  latter  part  of  the 
17th  century  the  full  Address  was  usually  appended  to  the  letter 
itself,  but  the  direction  for  delivery  was  also  endorsed.  These 
modifications  of  the  traditional  Royal  Letter  doubtless  influenced  to 
some  extent  the  style  of  the  modern  official  despatch,  although  the 
latter  is  mainly  indebted,  as  we  have  seen,  to  private  epistolary  models. 

Again,  just  as  the  Signet  Letter  was  utilized  for  the  above 
purpose,  so  the  instruments  of  the  Chancery  itself  served  as  models 
for  various  diplomatic  documents,  which  have  received  appropriate 
titles  in  connexion  with  the  administrative  work  of  the  several  State 
departments.  These  are  the  Warrants,  Orders,  Instructions,  Com- 
missions, which  furnish  an  independent  series  of  diplomatic  and 
epistolary  forms  which  were  used  in  the  place  of  the  conventional 
out-letter  on  formal  occasions. 

In  the  first  place,  it  may  be  observed  that  although  the  above 
forms  are  to  be  met  with  amongst  the  Records  of  every  department 
of  the  State,  as  well  as  in  the  royal  Secretariat  itself,  it  is  perfectly 
possible  to  distinguish  between  the  instruments  of  either  description. 
It  is  also  possible,  as  we  have  already  noticed,  to  classify  the 
Secretarial  instruments  according  to  their  use  for  home  or  foreign 
affairs.  In  the  case  of  departmental  Records,  however,  the  official 
titles  are  frequently  misleading.  Moreover,  these  instruments  are 
frequently  entered  under  general  headings,  so  that  a  Letter  Book 
may  contain  warrants,  and  a  Warrant  Book,  letters. 

Of  the  above  instruments,  the  Warrant  as  a  departmental  Record 
must  be  distinguished  from  the  royal  warrants  preserved  in  the  files 
of  the  Chancery.  The  latter  in  the  shape  of  Writs  or  Bills  under 
the  Privy  Seal,  Signet  or  Sign  Manual  were  issued  by  the  King 
in  Council  or  by  his  Secretary  of  State  or,  for  certain  purposes,  by 
a  special  office^  From  an  early  period,  however,  we  have  seen'  that 
it  had  been  usual  for  warrants  to  be  issued  for  certain  purposes  on 
behalf  of  the  chief  departments  of  State,  just  as  judicial  writs  were 
issued  by  the  several  courts  of  law  from  a  still  earlier  period.  Such 
departmental  warrants  were  countersigned  by  the  great  officers  of 
State*  and  might  even   be  entered,  as  precedents,  in  the  Records 

*  "  Your  loving  friends,  .'\.  B.  C." 

'  The  Privy  Seal  and  Signet  Offices  the  latter  of  which  was  practically  a  branch  of  the 
Secretary  of  State's  department.  For  these  and  other  Departmental  instruments,  see 
Formula  Book,  Nos.   lya — 208. 

'  Above,  p.  167. 

*  e.g.  The  Treasurer,  Butler,  Chaml>erlain.  These  warrants  were  missive,  or  executive, 
in  character  and  also  served  as  orders  for  letters  under  the  Great  Seal. 


278    Letters,  State  Papers  and  Departmental  Instruments 

of  the  department  concerned  \  At  the  same  time  it  will  be  found 
that  these  warrants  are  still  preserved  as  Curial  instruments  till 
the  middle  of  the  i6th  century.  Thenceforward  they  were  appro- 
priated by  the  Secretariat  and  the  new  departments  above  referred 
to,  the  old  diplomatic  practice  connected  with  the  issue  of  the  Seals 
being  left  in  the  hands  of  the  seal-bearing  officers. 

The  early  Warrants  of  the  Royal  Household  are  followed  by  the 
departmental  Warrants  of  the  Treasury,  and  these  in  turn  by  those 
of  the  Ordnance,  and  after  an  interval  by  the  Records  of  the 
Admiralty  and  War  Office.  All  of  these  might  take  the  form  of 
an  instrument  under  the  Sign  Manual  or  else  that  of  an  authority 
issued  in  the  names  of  the  royal  commissioners  constituting  the  depart- 
mental Board.  In  the  latter  case  the  Warrant  might  be  either 
diplomatic  or  epistolary  in  form  according  to  the  occasion  of  its  issue 
or  the  practice  of  the  department. 

These  Sign  Manual  warrants  do  not  differ  in  any  respect,  except 
as  to  the  subject-matter,  from  the  diplomatic  forms,  neither  do  the 
purely  departmental  types  differ  materially  from  the  departmental 
Letters  already  described  or  from  the  Orders  and  Instructions  which 
will  be  presently  referred  to.  The  essential  clause  "  And  this  shall 
be  your  warrant "  is  found  in  all  alike,  but  special  forms  occur  to 
which  distinctive  titles  have  usually  been  applied.  Amongst  these 
we  may  notice  the  Warrants  of  the  Secretary  of  State  (whether 
"  general  "  or  "  special  ")  for  the  committal  of  offenders,  "  Post- 
warrants,"  "  Licenses  to  pass  the  Sea,"  warrants  for  appointments, 
and  some  others^.  Finally,  the  Warrant  appears  in  common  use  for 
purposes  of  local  government  by  an  authority  delegated  to  Colonial 
governors  or  country  magistrates  ^. 

Although  a  distinction  is  usually  made  between  the  departmental 
Warrant  and  Order,  these  instruments  are  not  easily  distinguished 
in  practice,  and  it  might  be  shown  that  their  distinctive  titles  are 
often  loosely  used  ^  Again,  we  find  some  of  the  earliest  known 
examples  of  departmental  Orders^  classified  as  "Minutes,"  and  the 
precise  difference  between  Orders  and  Warrants,  Commissions  or 
Instructions   could    scarcely   be    determined    from    their   diplomatic 

^  e.g.  The  Lord  Chamberlain's  Warrant  Books. 

*  See  Classified  List. 

3  e.g.   Warrants  for  pardons  and  licenses  of  various  kinds,  cf.  Appendix. 

*  They  are  occasionally  utilized  in  the  composition  of  private  instruments,  and  the  form 
of  Order  prepared  by  Insurance  Offices  to  authorize  the  deduction  of  premiums  from  official 
salaries  still  contains  the  phrase,  "And  this  shall  be  your  warrant  for  so  doing." 

^  e.g.  Of  the  Ordnance  Office, 


Letters,  State  Papers  and  Departmental  Instruments    279 

construction  alone.  Certainly  the  occurrence  of  the  well-known 
clause  of  warranty  does  not  suffice  to  distinguish  the  Warrant  from 
the  Order.  Indeed  the  Order  has  no  distinctive  formulas  of  its  own, 
and  we  are  best  able  to  identify  its  occurrence  in  connexion  with 
naval'  and  military^  rather  than  with  civil''  or  fiscal*  operations. 

Possibly  the  Order  may  seem  to  be  on  the  whole  somewhat  less 
formal  than  the  Warrant.  The  conventional  Salutation  is  often  dis- 
pensed with  and  the  Injunctive  clause  is  somewhat  impressive. 
Finally,  like  the  Warrant,  Commission  and  Instruction,  the  official 
entry  of  the  Order  often  takes  the  form  of  a  mere  Uocquet'. 

The  Instruction  here  referred  to  resembles  in  some  respects  an 
Order  and  in  others  a  departmental  Letter.  In  some  cases,  as  in 
connexion  with  naval  and  military  operations  or  diplomatic  missions, 
it  has  a  technical  significance. 

The  departmental  Commission,  as  distinguished  from  the  formal 
Patent  of  Office,  is  more  carefully  drawn  than  either  the  Order  or 
Instruction,  and  presents  a  very  similar  form  for  both  the  naval  and 
military  services.  There  is  also  a  distinctive  form  in  use  for  the 
diplomatic  service.  The  Commissions  issued  under  "the  power  and 
authority"  of  a  departmental  Board  differ  only  from  the  royal  Com- 
missions in  not  bearing  the  Sign  Manual. 

In  the  letters  and  instruments  described  above  we  have  examples 
of  true  diplomatic  construction,  illustrating  the  successive  stages  of 
the  devolution  of  the  charter  from  the  close  of  the  Middle  Ages  to 
our  own  times.  In  addition  to  these,  however,  there  are  several  special 
and  casual  types  amongst  the  "Departmental  Records"  which  possess 
a  certain  interest  for  the  purpose  of  diplomatic  study.  The  depart- 
mental procedure  in  respect  of  the  registration  and  consideration  of 
correspondence  and  other  business  which  formed  the  subject  of  the 
official  Letters  and  Orders,  has  been  already  referred  to  in  another 
connexion*.  This  procedure  is  to  some  extent  represented  in  an 
earlier  period  by  the  "Acts"  and  "Minutes"  of  the  Council  and  of 
the  extraordinary  courts  erected  during  the  Tudor  period,  but  it 
attains  its  highest  point  of  development  in  the  case  of  the  several 

»  "Orders  and  Instructions,"  &c.  "  "Marching  Orders,"  &c. 

•  "Orders  in  Council,''  &c.    These  are  diplomatic  instruments  resembling  Proclamations. 

*  "Money  Orders,"  &c.     These  arc  rather  Minutes. 

*  In  fact  the  official  entry  books  of  Warrants,  Commissions  and  Orders  compiled  during 
the  1 8th  and  iQlh  centuries  are  little  more  than  lists  of  names  for  s|)ecitic  d.ites,  and  it  has 
sometimes  proved  to  be  a  matter  of  considerable  difficulty  to  ascertain  the  form  of  one  of  these 
instruments  in  a  particular  period. 

•  Cf.  above,  p.  177. 


28o    Letters,  State  Papers  and  Departmental  Instruments 

departmental  Boards  and  the  Committees  of  the  Council  which  form 
a  new  feature  of  the  royal  administration  during  the  17th  century. 

The  practice  in  question  is  accountable  for  an  extensive  collection 
of  Registers,  Minutes  and  Reference  or  Report  books  in  which  there 
is  little  scope  for  variety  of  form.  These  Registers,  indeed,  can 
scarcely  be  regarded  as  diplomatic  documents  though  interesting  for 
the  purpose  of  comparison  with  similar  official  compilations  in  an 
earlier  period. 

The  Minutes  or  Journals,  however,  exhibit  a  conventional  formula 
which  is  preserved  to  the  present  day.  This  includes  an  official 
heading  of  an  archaic  character,  followed  by  the  names  of  the  officials 
presents  The  business  in  hand  is  duly  recited  and  disposed  of  by  a 
Minute  which  is  sometimes  regarded  as  an  Order. 

Mention  has  previously  been  made  of  the  common  official  practice 
of  referring  intricate  or  technical  matters  to  other  departments  or  to 
individual  experts.  The  formula  of  Reference  is  very  much  the  same 
in  every  case.  Usually,  it  is  in  the  form  of  a  memorandum,  personal 
or  impersonal,  stating  that  the  matter  under  consideration  is  referred 
to  certain  officials  who  are  to  consider  thereof  and  report  their  opinion 
as  to  what  is  fit  to  be  done  in  the  same.  In  many  cases  the  matter  is 
already  under  the  consideration  of  another  department,  which  has 
transmitted  the  case  for  an  expert  opinion,  and  here  the  Reference 
appears  in  the  shape  of  an  enclosure. 

The  Report,  Representation^,  or  Opinion*  is  returned  in  due  course 
as  a  result  of  the  Reference.  This  return  is  made  in  a  conventional 
form,  characterized  by  a  show  of  deference ^  In  some  cases  space  is  left 
after  the  entry  of  the  Report  for  the  final  Order  of  the  Board  thereon. 
In  a  later  period  the  style  of  these  reports,  especially  in  the  case  of 
legal  opinions,  is  less  ceremonious. 

It  will  be  gathered  from   a  previous  account  of  the  remaining 

types  of  Departmental  Records,  such  as  precedent  and  commonplace 

books  and  deposited  documents,  that  these  are  semi-official  or  private 

compositions  which  do  not  concern  our  present  purpose.     The  latter 

types,   indeed,    cannot    be    regarded   in    any  sense   as   departmental 

instruments,   but   unlike    the   casual    deposits    amongst    the   ancient 

Records  their  diplomatic  construction  is  scarcely  worthy  of  serious 

consideration,  whilst  the  former  kind  are  usually  so  much  abbreviated 

as  to  present  no  diplomatic  features  whatsoever. 

1  "At  a  meeting  of  the,  &c.  At  X.  the  —  day  of — &c.  Present,  A,  B,  C,"  &c. 
^  So  termed  in  the  records  of  the  Board  of  Trade.  *  Of  the  Law  Officers. 

••  Cf.  the  Notification  "May  it  please,"  &c.  and  the  conclusion  "All  which  is  humbly 
submitted,"  &c. 


ROYAL   SURVEYS,    INQUISITIONS    AND 
ASSESSMENTS. 


(a)    Agrarian  Surveys. 

The  origin  of  the  English  royal  Inquest,  which  has  produced  one 
of  the  largest  and  most  important  classes  of  our  Public  Records,  may 
or  may  not  be  found  in  the  precisely  similar  device  employed  in  the 
administrative  system  of  the  Prankish  kingdom.  Such  an  origin  has 
been  assumed  in  the  case  of  the  native  diplomata  on  evidence  of  a  far 
less  substantial  character.  Nevertheless  we  are  warned  that  the  close 
resemblance  between  the  laws  and  ministerial  proceedings  on  either 
side  is  nothing  more  than  plausible  analogy.  To  derive  one  constitu- 
tional practice  from  the  other  would,  we  are  told,  be  positively  unsafe. 
It  is  fortunately  unnecessary,  for  the  purpose  of  a  diplomatic  com- 
parison, to  press  this  interesting  analogy  any  further.  The  pre- 
existence  of  certain  diplomatic  forms  in  the  court  of  Charles  the 
Great  may  be  noticed  without  insisting  that  the  constitutional  pro- 
cedure which  those  forms  might  imply  was  borrowed  from  this  foreign 
source  by  the  Conqueror  or  his  predecessors.  The  suggestion,  how- 
ever, is  so  obvious  that  it  can  scarcely  be  suppressed*. 

The  resemblance  which  is  observable  between  the  Prankish  and 
Anglo-Norman  systems  of  agrarian  valuation  is  rendered  still  more 
striking  by  the  use  in  both  of  identical  formulas  and  terms  which 
often  have  a  technical  significance  I  In  both  cases,  moreover,  it  is 
noticeable  that  the   Inquisition  as  a  piece  of  ministerial  procedure 

'  It  is  interesting  to  find,  in  an  official  survey  made  of  the  holdings  of  the  North  French 
colonists  of  Acadia  in  the  year  1752,  the  following  formula  which  bears  a  curious  resemblance 
to  the  Prankish  surveys  of  the  9th  century.  "  The  homestead  that  B.  occupies  was  given  to 
him  verbally  by  A.  It  contains  alK>ut  —  toises  frontage  on  the  sea-shore.  There  are  on  it 
bench  and  scaffolding  for  the  dryipg  of  the  (ish  and  i  boats,  and  enough  land  cleared  to  sow 
a  barrel  of  wheat.  There  is  a  very  good  garden  which  contains  all  sorts  of  fruit  trees.  It  has 
—  men  and  —  Ixjys.  He  has  in  live  stock  one  bull,  one  cow  and  3  goats  and  i  j  fowls  "  (Ke/>orl 
on  Canadian  Archives,  1906). 

'  Cf.  Capitulare  Aquense,  807  (ed.  Pertz),  c.  7 ;  Capitulare  de  Villis,  811,  c.  61  ;  and  the 
Forma  Inquisitionis,  printed  in  I'ertz,  Ml.  175  ;  Capitulare  Ai/uisgratunse,  81  j,  c.  5  and  c.  7  ; 
AnnaJes  Hincmari,s.a.  869,  in  Pertz,  I.  481;  and  Polyptichum  frmini^^nis  Ahbatis  (cd.  Guirard), 
pp.  30  sq.  and  306. 


282        Royal  Surveys,  Inquisitions  and  Assessments 

may  not  only  be  employed  for  distinct  purposes  on  several  occasions, 
but  for  all  of  these  purposes  at  one  and  the  same  time.  This  compo- 
site character  is  apparently  due  to  the  fact  that  these  inquisitions 
were  frequently  consequent  on  royal  edicts  of  a  more  or  less  statutory 
character. 

Traces  of  a  similar  ministerial  device  may  be  found  in  the 
States  of  Southern  Europe,  that  were  influenced  by  the  Norman 
civilization  \ 

The  agrarian  survey  itself  presents  the  same  diplomatic  construc- 
tion as  will  be  observed  in  the  case  of  other  royal  Inquisitions. 
There  is  a  royal  Precept^,  to  which  may  be  appended  an  explicit 
Forma  Inguisitionis'K  To  this  a  categorical  Return  is  made  by  a 
sworn  inquest,  and  the  official  record  is  delivered  into  official  custody 
at  a  given  date.  Finally,  a  carefully  arranged  copy  or  digest  of  the 
original  returns  may  be  preserved  in  a  Register  for  official  or  private 
custody. 

The  constitutional  distinction  which  appears  to  exist  between  the 
agrarian  survey  and  the  fiscal  inquest  need  not  perplex  the  student  of 
diplomatic  formulas.  Both  alike  are  royal  inquests  and  the  collection 
of  the  geld  may  become  an  ordinary  incident  in  the  manorial 
economy. 

In  the  case  of  agrarian  surveys,  we  know  that  such  valuations  were 
made  on  the  continent  at  a  very  early  date.  In  this  country,  how- 
ever we  have  no  evidence  that  these  surveys  were  prepared  as  the 
result  of  royal  precepts.  A  brief  Return  of  this  nature  is  found  as 
early  as  the  first  years  of  the  loth  century,  in  the  Beddington  Survey, 
which  has  been  printed  in  the  Cartiilariiun  Saxonicum*.  This  in- 
teresting fragment,  which  doubtless  owes  its  preservation  to  the 
diplomatic  form  in  which  it  was  composed,  is  unfortunately  unique, 
and  it  should  be  added  that  it  is  derived  from  a  suspicious  source^ 
Perhaps  such  agrarian  descriptions  had  already  taken  a  common  form 

^  Cf.  Codex  Kavennatensis  and  Inquirifaoes  dos  primeiros  reinados  de  Portugal  {passim). 

^  In  the  Carolingian  capitularies  (cf.  Capit.  de  Villis,  c.  62)  the  substance  of  the  writ  is 
given  as  an  "edict."  For  the  Anglo-Norman  writ  ad  inquirendum  see  Liber  Eliensis  (ed. 
Hamilton),  p.  xxi. 

*  Cf.  M.  G.  II.  175,  Liber  Eliensis  (loc.  cit.),  and  Domesday  Book  of  St  Paul's,  p.  iii. 
In  most  cases  nothing  more  than  a  descriptive  heading  is  found  which  recites  the  procedure 
indicated  by  the  writ  in  a  narrative  form.  Cf.  the  Canterbury  surveys  of  1216  in  Exch.  K.  R. 
Ancient  Extents,  46. 

■»  C.S.  618,  619. 

'  The  Winchester  cartulary  (MS.  Add.  15350),  12th  century.  The  text  of  this  return  is 
evidently  corrupt  in  respect  of  the  stock  entries,  but  can  be  to  some  extent  reconstructed  from 
the  conventional  formulas  of  the  13th  century. 


Royal  Survey Sy  Inquisitions  and  Assessments        283 

throughout  western  Europe,  whilst  from  a  still  earlier  date  occasional 
descriptions  of  land  and  stock  are  found  in  Old  English  wills  or 
conventions', 

The  Domesday  Survey,  stands  alone  as  an  agrarian  valuation, 
although  we  may  well  suspect  that  some  system  of  royal  survey 
was  in  use  during  the  pre-Conquest  periods  Again,  although  the 
characteristic  formulas  of  the  Domesday  Survey  are  found  to  prevail 
in  the  mixed  fiscal  and  agrarian  inquisitions  of  the  12th  century, 
this  circumstance  must  not  be  regarded  as  proving  the  abeyance 
of  the  agrarian  survey  of  a  Prankish  type  such  as  may  be  seen 
in  the  Beddington  "charter"  above  referred  to.  It  is  true  that 
no  surveys  of  this  nature  have  been  preserved  before  the  close  of 
the  1 2th  century,  but  the  abstracts  of  manorial  accounts  recorded 
in  the  Pipe  Rolls  prove  that  this  conventional  enumeration  of 
agrarian  products  was  still  in  use^  There  can  be  little  doubt, 
however,  that  purely  agrarian  surveys  during  this  period  were 
subordinated  to  the  all  important  business  of  the  assessment 
and  collection  of  the  royal  geld.  Not  only  were  the  geld 
inquests  more  carefully  preserved,  but  the  new  and  inquisitorial 
formulas  employed  on  these  occasiotis  were  utilized  for  the  purpose 
of  agrarian  and  even  of  feudal  valuations.  To  this  composite  type 
belong  such  descriptions  as  that  of  the  Peterborough  manors  in  the 
reign  of  Henry  I*,  the  inquisition  taken  by  the  Canons  of  St  Paul's, 
beginning  in  the  reign  of  Henry  IP,  and  the  RoUili  de  Dominabus  of 
the  same  reign*.  In  these,  besides  a  calculation  of  the  hidage  ad 
geldum  Regis  and  of  military  service  or  feudal  incidents,  the  number 
of  men  and  ploughs,  the  rent-roll  and  services,  and  the  condition  of 
the  stock  is  also  ascertained ^  At  length,  when  the  basis  of  fiscal 
valuation  was  shifted,  in  the  13th  century,  to  the  knight's  fee  and 
the  tithe,  the  agrarian  survey  resumes  its  old  diplomatic  aspect  under 
the  title  of  a  "royal  extent."  Here,  whilst  the  process  employed  was 
strictly  inquisitorial,  the  object  in  view  is  not  merely  fiscal  supply  but 

'  Cf.  above,  p.  205. 

'  Mr  L.  O.  Pike,  however  (Public  Records,  p.  11),  regiirds  the  roy.il  iiKini-iiiion  of  1086 
as  a  new  departure,  in  the  shape  of  a  returnable  writ. 

'  Pipe- Roll  of  the  Bishopric  of  Winchester  (1902),  p.  ix  sq. 

•  Chron.  Petroburg.  (Camden  O.S.),  p.  157. 

•  Domesday  of  St  Paul's  (Camden  O.S.),  p.  iii,  which  may  lie  regartled  as  a  private 
survey  in  imitation  of  royal  inquests. 

•  Ed.  S.  Grimaldi. 

'  In  addition  to  the  alwve  the  fioidon  Hook  (1183)  and  Survey  of  the  Templars^  Lands 
(1185)  may  be  regarded  as  agrarian  surveys,  though  neither  was  authorized  by  a  royal 
writ. 


284        Royal  Surveys,  Inquisitions  and  Assessments 

the  improvement  of  the  royal  economy^  On  the  other  hand,  notices 
of  agrarian  conditions  figure  incidentally  in  most  of  the  political 
inquisitions  of  this  and  a  still  later  periods  Moreover,  such  matters 
formed  part  of  the  routine  business  of  the  judicial  Eyres  or  special 
commissions  chiefly  in  connexion  with  royal  escheats^ 

For  general  purposes,  however,  and  especially  for  the  convenience 
of  private  owners,  the  "  Extent"  was  recognized  as  the  approved  method 
of  agrarian  survey  throughout  the  remainder  of  the  feudal  period,  and 
its  procedure  has  even  been  formulated  by  a  reputed  Statute^  A  single 
glance  at  the  Forma  I iiquisitionis  of  the  Extenta  Manerii  will  show 
that  we  have  here  the  final  evolution  of  the  agrarian  survey,  a  familiar 
feature  of  the  Carolingian  administrative  system  and  fitfully  traced 
in  English  royal  or  private  instruments  from  the  loth  century  to  the 
13th. 

ib)    Fiscal  Inquisitions. 

It  has  been  previously  suggested  that  in  the  Domesday  Survey 
with  its  "satellites"  and  fiscal  successors,  we  can  recognize  the 
normal  diplomatic  constituents  of  the  Prankish  imperial  inquest. 
At  the  same  time,  in  these  Inquisitions  made  by  local  juries  as  to  the 
extent,  profits  and  stock  of  royal  or  beneficiary  estates,  together  with 
the  titles,  customs  and  services  relating  thereto,  special  stress  is  laid 
upon  the  asse'^sment  of  the  King's  "geld,"  or  its  later  equivalents 
in  the  shape  of  carucage,  scutage,  or  other  devices  of  imperial 
taxation,  and  the  instruments  with  which  we  are  here  concerned 
receive  their  characteristic  form  from  this  exigency.  The  formula  of 
the  existing  Returns  clearly  implies  the  issue  of  an  antecedent  precept 
which  was  also  expounded  in  a  Forma  Inquisitionis.  Finally,  we 
can  ascertain  the  probable  nature  of  this  Writ  and  Form  of  Inquisition 
alike,  whilst  we  can  classify  the  Returns  themselves  according  to  their 
local  variants  and  official  enrolments. 

Here,  however,  we  are  confronted  at  the  outset  with  a  difficulty 
which  is  only  one  of  many  that  have  occurred  to  those  who  are 
concerned  with  the  interpretation  of  these  early  texts'.     In  the  case 

^  Cf.  Chancery  Misc.  Inquisitions,  passim,  and  below,  p.  296.  In  some  cases  apparently 
the  agrarian  conditions  form  part  of  a  semi-judicial  enquiry.  Cf.  the  "extent"  of  Ospring 
in  Testa  de  Nevill,  p.  2 1 7  sq. 

^  e.g.  The  Hundred  Rolls.  *  See  below,  p.  297. 

*  Slat,  of  Realm,  i.  242.     Cf.  also  the  provisions  for  the  Escheatry  {ibid.  I.  238). 

®  The  present  writer  must  disclaim  any  special  knowledge  of  the  internal  or  external 
history  of  this  famous  survey,  which  has  formed  the  subject  of  important  studies  by  several 


Royal  Surveys^  Inquisitions  and  Assessments        285 

of  the  Domesday  Survey  more  than  one  MS.  of  the  existing  Returns 
has  been  preserved  and  these  are  apparently  connected  with  different 
stages  in  the  compilation  of  the  official  Record  and  possibly  also  with 
distinct  local  interests. 

In  the  first  place,  it  will  be  observed  that  no  contemporary  or 
authentic  specimens  of  the  Writ  and  Fortna  Inqiiisitionis  have  been 
preserved  in  the  case  of  the  Domesday  Survey  itself  The  issue 
of  such  a  writ  is  easily  assumed,  whilst  the  "  form  of  inquisition  " 
would,  as  usual  in  this  early  period,  have  been  deduced  therefrom. 
References  of  this  nature  are  to  be  found  in  nearly  contemporary 
chronicles\  but  in  any  case  the  precise  formula  of  the  existing  Returns 
would  enable  us  to  reconstruct  without  much  difficulty  the  "  form  of 
inquisition,"  contained  either  in  a  writ  or  schedule.  Indeed,  the  diplo- 
matic description  of  the  Great  Survey,  which  is  given  by  mediaeval 
writers,  refers  more  particularly  to  the  actual  Returns  which  are 
designated  by  various  more  or  less  unintelligent  titles'*.  By  some 
writers  they  are  referred  to  as  Cartae  or  Cartulae  and  by  others  as 
Brevia,  terms  which  are  apparently  applied  indifferently  to  the  original 
Returns  (now  missing),  to  the  Exchequer  volumes,  or  to  any 
particular  passage  thereof  To  these  titles  may  be  added  the  still 
more  general  references  to  a  Scriptum,  RotiUiis  or  Liber,  which  seem 
to  apply  to  the  existing  official  compilations.  In  one  account,  of 
which  mention  has  previously  been  made^  the  Returns  presented  to 
the  Conqueror  are  termed  an  Imbreviatio  which  was  ordered  to  be 
copied  in  uno  voluntine.  This  mention  of  a  single  volume  reappears 
in  Higden's  narrative  which  seems  to  have  been  derived  from  another 
source. 

With  regard  to  these  Exchequer  Returns,  it  is  sufficient  for  our 

distinguished  scholars,  to  one  of  whom,  Mr  W.  J.  Corbett,  he  is  indebted  for  friendly  advice. 
The  diplomatic  theory  propounded  here  is  purely  tentative  and  has  only  been  hazarded  because 
a  reference  to  the  subject  could  scarcely  have  l)een  omitted. 

'  e.g.  The  Anglo-Saxon  Chronicle,  and  the  works  of  P'lorence  of  Worcester  and  Henry  of 
Huntingdon.  The  most  detailed  and  intelligent  description  of  the  probable  procedure  will  be 
found  in  the  anonymous  Cotton  MS.  Vitellius,  c.  8,  fo.  15  b,  etlited  by  Professor  Lielxinnann 
in  Ungedruckte  Anglo-Normanische  Geschichtsquellen,  pp.  tj — 14.  For  an  apparently 
contemporary  reference  recently  discovered  by  Mr  W.  H.  Stevenson  in  a  Bodleian  MS.  in 
the  shape  of  a  note  by  Koliert,  Bishop  of  Hereford,  on  the  Chronology  of  Marianus  5>cotus, 
see  English  Historical  Keviexo,  xxil.  72. 

'  Anglo-Saxon  Chronicle  (Rolls),  I.  353;  Flor.  Worcester  (ed.  Howard),  p.  449;  Will. 
Malmesbury  {Gest.  Reg),  li.  317  ;  Hen.  Huntingdon,  p.  107;  Hoveden  (Rolls),  1.  139;  Rob. 
of  Gloucester,  11.  552  s<j.;  .Matt.  Paris,  Chron.  Majora,  \\.  18;  Heniing  (etl.  Hearnc),  I.  77, 
288,  198;  InquisUio  lilitnsis  (ed.  Hamilton),  p.  127;  Hist.  Eliensis  (etl.  Stewart),  p.  n8; 
Red  Book  of  the  Exchequer  (Rolls),  i.  14 ;  J.  de  Oxenedes,  p.  37  ;  Higden,  VM.  308. 

»  Cott.  MS.  Vitell.  c.  8. 


2  86        Royal  Surveys,  Inquisitions  and  Assessments 

purpose  to  observe  that  the  two  volumes  in  which  they  are  contained, 
appear  to  represent  two  distinct  stages  of  official  enrolment.  In  the 
larger  volume  the  Returns  for  the  Northern,  Southern,  Western  and 
Midland  counties,  as  far  as  they  were  surveyed,  have  been  considerably 
abbreviated.  They  have  also  been  arranged  on  a  different  plan, 
presumably  for  convenience  of  official  reference  ;  that  is  to  say  the 
royal  and  baronial  manors  have  been  sorted  out  from  the  surveys  of 
the  Hundreds  and  have  been  collected  under  individual  fiefs,  the 
future  units  of  a  new  feudal  taxation.  In  the  smaller  volume  the 
Returns  for  the  three  Eastern  counties  have  been  arranged  according  to 
the  same  official  method,  but  apparently  in  an  unabbreviated  form. 
Moreover,  differences  in  the  Forma  Inquisitionis  are  here  denoted,  the 
significance  of  which  will  be  presently  referred  to.  The  now  famous 
Inqidsitio  Cantabrigiensis,  which  has  survived  in  a  12th  century 
transcript,  has  been  usually  regarded  as  reproducing  the  form  and 
substance  of  the  original  Returns  as  recorded  in  the  evidence  of  the 
jurors  for  every  hundred.  This  theory,  we  have  been  told  on  the 
highest  authority ^  must  be  accepted  with  considerable  reservations. 
In  this  version  of  the  survey  the  Hundreds  and  vills  are  in  their 
proper  order  and  the  general  tokens  of  a  royal  inquest  are  preserved. 
It  has  a  further  textual  value  (which  does  not  concern  us  here)  and 
its  evidence  does  not  stand  alone,  for  the  same  view  of  the  inquisi- 
tional procedure  may  be  obtained  from  another  12th  century  transcript 
of  local  Returns  known  as  the  Inquisitio  Eliensis. 

The  characteristics  of  this  MS.  and  its  relations  both  to  the 
Exchequer  volumes  and  the  Cambridgeshire  Returns  have  also  been 
authoritatively  discussed^.  The  importance  which  has  been  attached  to 
this  MS.  is  chiefly  due  to  the  accident  of  the  preservation  herein  of  the 
supposed  Forma  Inquisitionis  of  the  Domesday  survey  itself.  On  the 
other  hand,  no  real  evidence  is  forthcoming  to  support  this  conjectured 
Indeed,  we  might  consider  that  the  Forma  Inquisitionis  in  question 
was  applicable  to  the  procedure  adopted  in  the  three  Eastern  counties 
only,  in  view  of  certain  peculiarities  of  the  formula  employed''.  Again, 
we  have  to  consider  the  possibility  that  this  Forma  Inquisitionis  was 
utilized  for  a  special  inquisition  of  the  holdings  of  the  church  of  Ely 

^  For  the  whole  subject  see  Mr  J.  H.  Round's  exhaustive  and  masterly  criticism  in  Feudal 
England,  pp.  i — 146. 

"  Ibid. 

^  To  Mr  Round  belongs  the  great  credit  of  having  been  the  first  to  question  this 
assumption,  and  his  researches  have  made  it  possible  to  regard  this  compilation  in  a  new 
light. 

•*  e.g.  The  threefold  enumeration  of  the  value. 


Royal  Suj'veys,  Inquisitions  and  Assessments        287 

authorized  by  a  royal  Writ  which  is  still  preserved'.  Whether  the 
inquest  was  really  taken,  or  whether  the  Writ  and  Forma  biqtiisitionis 
aflford  another  instance  of  the  daring  forgeries  associated  with  this 
church,  we  cannot  pause  to  discuss.  It  is  at  least  certain  that  the 
Returns  thus  preserved,  furnish  an  exceedingly  intelligent  local  gloss 
upon  the  sources  of  the  Exchequer  survey.  As  a  Liber  Terrarum,  or 
record  of  the  church's  possessions  on  the  lines  of  the  Great  Survey, 
expounding  incidentally  certain  obscure  points  in  a  favourable  sense, 
this  compilation  may  be  the  type  of  a  large  class  of  local  muniments 
of  which  a  few  fragments  only  have  survived. 

The  origin  of  the  Inquisitio  Cantabrigiensis  is  less  easily  con- 
jectured. The  compilation  does  not,  as  in  the  preceding  instance,  refer 
exclusively  to  the  holdings  of  the  church  of  Ely,  and  its  connexion 
with  that  church  has  not  been  suggested.  A  collation  of  these  two 
"  satellites "  with  the  Exchequer  volume-  will  show  that  the  Cam- 
bridgeshire inquest  omits  Crown  lands  in  the  nature  of  ancient 
demesne,  although  it  has  notoriously  preserved  a  complete  record 
of  other  holdings.  The  Ely  inquest,  on  the  other  hand,  consistently 
rejects  external  interests,  and  the  impression  has  thus  been  given 
of  an  interested  transcript  of  the  original  Returns.  Possibly  the 
motive  of  such  a  compilation  may  be  found  in  its  record  of  ex- 
tensive claims  advanced  by  the  church  of  Ely  to  lands  which  had  been 
invaded  by  encroaching  neighbours^  Moreover,  the  church  of  Ely 
had  a  special  interest  in  the  distribution  of  the  collective  liability  in 
respect  of  local  wards  and  other  customary  services  which  are  duly 
accorded  in  the  survey.  Finally,  there  are  the  textual  discrepancies 
between  the  oflficial  and  private  versions  which  appear  to  be  con- 
sistently favourable  to  the  church*. 

The  above  view  of  the  Ely  inquest  as  a  special  compilation 
in   the   interests    of    a    local    proprietor,   with   the   analogy   of   the 

'  This  writ  (etl.  Stewart,  p.  xxi)  is  a  composite  instrtiment  in  which  three  distinct  subjects 
arc  referred  to,  and  it  must  \k  regarded  with  considerable  distrust  on  diplomatic  grounds, 
though  some  such  writ  might  well  have  l)een  issuetl  for  this  purpose. 

'  e.g.  In  the  case  of  Soham,  where  I.  C.  C.  gives  a  reference  to  the  Brevt  Regis  for  details 
of  the  Terra  Regis. 

'  To  indicate  the  true  holdings  of  grasping  neighlx>urs  as  a  safeguard  against  still  further 
encroachments  was  perhaps  a  work  of  more  practical  value  than  to  ap|)end  useless  claims  and 
protests. 

*  The  Exchequer  digest  would  inevitably  suppress  trivial  details  which  might,  however, 
appear  of  great  importance  to  the  injured  party.  Thus  the  latter  has  a  particular  relish  for  the 
word  abslulil,  though  sumpsit  is  good  enough  f«)r  the  Exchequer  clerks.  It  was  also  expedient 
to  suppress  or  ignore  the  open  vertlict  (m-seiun/  tjuomodo)  of  jurors  who  had  not  the  courage 
to  call  a  spade  a  spade. 


2  88        Royal  Surveys,  Inquisitions  and  Assessments 

continental  "  briefs "  already  referred  to,  enables  us  to  realize  the 
significance  of  the  formula  habet  in  brevi  siio.  The  scribes  of  the  local 
Inquisitions  will  refer  in  these  terms  to  the  Exchequer  version  when 
they  are  not  concerned  to  copy  certain  details  of  the  Survey.  Equally 
they  can  refer  to  their  own  Breve  or  Abbreviatio  as  a  private  copy. 
Thus  the  term  may  come  to  mean  something  like  a  counterpart, 
official  or  private,  with  variants  emphasizing  respective  interests.  The 
"Magister"  of  the  royal  Scriptorium,  intent  on  his  hides  and  capital 
fiefs,  will  ignore  or  condense  local  claims  which  the  scribes  of  Ely 
(who  have  omitted  the  details  of  "  ancient  demesne ")  will  carefully 
preserve,  for  these  may  some  day  be  tested. 

Of  the  remaining  "satellites"  of  Domesday  Book  the  Liber 
Exoniae^  has  a  special  local  interest,  and  possibly  an  official  con- 
nexion with  Winchester  which  is  not  unfortunately  clearly  indicated  in 
the  existing  MS.  The  "  Winton  Book,"  apart  from  its  curious  inquest 
of  burghal  holdings,  is  of  considerable  diplomatic  interest  as  preserving 
in  a  narrative  form  the  substance  of  the  originating  writs  and  a  Forma 
hiquisitionis.  The  Boldon  Book  on  the  other  hand  has  a  slighter 
resemblance  to  the  official  formula  of  the  Exchequer  survey  and  can 
by  no  means  be  regarded  as  a  belated  survey  for  the  northern 
counties  omitted  from  Domesday  Book^  The  series  of  diplomatic 
instruments  connected  with  the  position  of  the  church  of  Worcester  in 
the  Great  Survey^  bear  a  strong  resemblance  to  those  already  described 
in  connexion  with  the  church  of  Ely.  We  find  the  same  grievance 
existing  in  respect  of  the  invasion  of  church  lands,  and  we  notice  the 
same  resentful  tone  in  the  compiler's  protest  against  these  violations^ 
Here,  again,  the  statement  of  claim  in  respect  of  these  Terrae  ablatae 
appears  to  be  the  motive  for  the  interpolation  of  certain  glosses  on  the 
Exchequer  Record.  It  does  not,  however,  appear  from  these  notices 
that  this  church  possessed  a  private  version  of  the  Worcestershire 
survey.  The  chief  interest  of  such  allusions  is  connected  with  the 
references  to  certain  Placita^,  which  remind  us  of  the  Rochester  and 
Ely  cases,  and  to  the  description  of  the  liberty  of  Oswaldslaw  as 


1  See  the  suggestive  and  important  essays  by  Mr  Reichel  and  Mr  Whale  in  Trans.  Devon 
Assoc.  1895  and  1903. 

^  See  above,  p.  283  n. 

^  MS.  Tib.  A.  1 3  (ed.  Hearne),  ably  dealt  with  by  Mr  J.  H.  Round  in  Feudal  England. 

*  Cf.  above,  p.  187,  and  Hearne,  pp.  248,  283,  285. 

^  Ed.  Hearne,  pp.  75 — 83,  269,  287,  298,  312.  Cf.  Bigelow,  Plac.  Anglo- Norm.  The 
whole  procedure  is  most  lucidly  descril)ed  Ijy  Mr  Round  in  Domesday  Studies,  11.  544  sq. 
(See  below,  p.  322.) 


Royal  Surveys,  Inquisitions  and  Assessments        289 

given  in  autenticd  Regis  cartula,  preserved  in  tJtesauro  regali  cum 
totius  Angliae  descriptionibus.  It  is  somewhat  disappointing  to  find 
that  this  reference  (more  than  once  given)  is  merely  to  the  Exchequer 
digest  with  the  addition  of  a  few  clumsy  interpolations  intended  to 
emphasize  the  dictum  of  the  official  record'.  During  the  century 
which  followed  the  making  of  the  Great  Survey  we  meet  with  several 
fragments  of  purely  local  inquisitions  which  appear  to  reproduce 
to  some  extent  the  same  formula ^  These  fragments  are  probably 
the  remains  of  a  once  numerous  class  of  royal  and  private  inquisitions 
taken  with  the  object  of  ascertaining  the  extent  of  "  hidage  "  within  a 
certain  district  or  holding  and  the  corresponding  liability  for  the 
payment  of  geld.  This  object  will  perhaps  account  for  the  difficulty 
of  distinguishing  between  an  actual  survey  and  a  mere  hidage-book, 
which  in  some  cases  must  have  been  "  abbreviated '  from  a  detailed 
inquisition.  In  one  aspect,  indeed,  Domesday  Book  itself  may  be 
regarded  as  a  Liber  Hidarimi^  abbreviated,  in  its  present  form,  from  a 
mixed  fiscal  and  agrarian  inquest,  for  convenience  of  official  reference, 
and  abbreviated  still  further  during  the  12th  century  for  use  as  a 
hidage-book  and  nothing  more. 

The  "Breviates"  of  Domesday  Book,  which  are  still  preserved^, 
offer  this  interesting  fact  for  our  further  consideration.  It  will  be 
evident  that  if  these  official  or  semi-official  compilations  can  be  traced 
far  back  into  the  1 2th  century  we  have  here  an  explanation  of  the 
origin  as  well  as  of  the  purpose  of  some,  at  least,  of  the  local  "hidages" 
above  referred  to.  That  such  a  "Breviate"  of  Domesday  Book  existed 
in  the  12th  century  may  be  inferred  from  th'e  preservation  of  a  local 
copy  of  that  date.  This  was  made  apparently  for  Margam  Abbey, 
a   house  founded  by  Robert   of  Gloucester   in    1147*.     Still   earlier 

'  Cf.  above  and  Hearne,  pp.  77  and  283.  The  phrase  De script ioties  is  not,  however, 
necessarily  confined  to  the  original  Returns  now  missing.  The  monkish  interpolator  is 
revealed  by  the  phrase  ttec  aliquis  regalis  sen>itii  exactor. 

*  e.g.  The  Lindsay  Survey  (Claud,  c.  5,  ed.  J.  Greenstreet) ;  the  Leicester  Survey 
(Exchequer  K.  R.  Knight's  Fees  f ,  /'.  E.  p.  196) ;  the  Northampton  Survey  (Vesp.  E.  n,  fo.  94, 
F.  E.  p.  115) ;  and  the  Worcester  Survey  (ed.  Hearne,  pp.  198,  313).  These  have  all  been 
learnedly  described  by  Mr  J.  H.  Round  in  Feudal  England. 

»  Red  Book,  p.  4. 

*  For  a  full  account  of  these  see  Atheniuum,  15  Sept.  1900,  and  W.  de  G.  Birch  in 
Domesday  Studies,  Vol.  II.  p.  500  sq.  The  date  of  the  "Breviate"  connect e<l  with  the 
Chamberlains'  department  in  the  Treasury  of  the  Receipt  may  l)e  assignetl  from  the  clwiracter 
of  the  writing  and  illuniinations  to  the  early  part  of  the  reign  of  Edward  I  or  possibly  slightly 
earlier.  The  companion  volume,  however,  held  by  the  King's  Remembrancer,  appears  to  be 
of  a  considerably  earlier  date,  proliably  of  the  first  years  of  the  13th  century.  This  volume 
curiously  enough  contains  several  notices  of  Welsh  affairs  on  the  fly-leaves. 

*  This  "Breviate"  is  now  preserved  in  the  Arundel  collection  (No.  153),  but  formerly 
belonged  to  the  Abbey.     The  writing  has  been  positively  assigneii  to  the  nth  century  by 

H.  19 


290        Royal  Su7'veys,  Inquisitions  and  Assessments 

allusions  to  an  Exchequer  "Breviate"  may  be  found  in  connexion 
with  single  copies  of  the  possessions  of  certain  churches  made  at  the 
end  of  the  nth  or  beginning  of  the  12th  century.  Of  these,  the  well- 
known  reference  in  the  Worcester  cartulary  to  the  Exchequer  Domes- 
day as  the  exemplar  of  the  list  of  the  churches  possessions  proves 
to  be  to  the  text  of  the  existing  "Breviates^"  It  is,  however,  con- 
ceivable, though  scarcely  probable,  that  the  compilers  of  the  Exchequer 
"Breviate"  and  of  this  local  excerpt  both  made  an  abstract  from  Domes- 
day Book  itself  in  identical  terms.  On  the  other  hand,  the  Worcester 
cartulary  contains  a  still  briefer  abstract,  which  is  evidently  home- 
made^, and  the  same  remark  applies  to  another  very  early  abbreviation 
of  the  holding  of  the  church  of  Burton  sic\tit\  continetur  super  Domesday 
apud  Wintoniam'\  In  the  Liber  Eliensis  there  is  more  than  one  brief 
hidage  list,  amounting  indeed  to  little  more  than  tables  of  hidation, 
which  are  given  here  secundum  brevia  regia  quae  facta  sunt  in  vice- 
comitatibus*. 

Thus  it  is  possible  that  the  manufacture  and  use  of  "  Breviates  " 
on  a  very  similar  plan  was  pursued  both  by  royal  clerks  and  local 
scribes  throughout  the  12th  and  13th  centuries.  Moreover,  the  practice 
may  have  existed  even  earlier,  for  the  famous  "Geld  InquestV*  on 
which  the  Domesday  Survey  itself  was  presumably  based,  is  really  a 
hidage-book,  whilst  the  fragment  of  a  geld-roll  for  Northamptonshire® 
which  has  been  dated  several  years  before  the  Great  Survey  is  actually 
composed  in  the  vernacular''. 

official  experts.  From  the  fact  that  the  Eastern  counties  are  omitted,  coupled  with  other 
imperfections,  we  may  perhaps  assume  that  it  was  a  copy  of  the  Exchequer  "Breviate  "  made 
for  local  use.  The  official  connexion  of  the  founder  of  this  church  with  the  royal  Exchequer 
is  well  known  {Dialogiis,  I.  xi;  Birch,  Hist,  of  Mar  gain,  ch.  5). 

'  MS.  Tib.  A.  13  (ed.  Hearne,  p.  298).  This  passage,  however,  is  not  in  Heming's 
original  compilation,  but  in  the  12th  century  continuation.  The  reference  is  given  as  secundum 
carlatn  Regis  quae  est  in  thesauro  Regis. 

^  Feudal  England,  p.  169. 

*  This  does  not  appear  to  have  been  made  from  an  Exchequer  "Breviate."  This  Burton 
"  Breviate  "  was  apparently  first  entered  on  the  dorse  of  a  charter  of  Ethelred  II  {Ordnance 
Facs.  Part  in.),  and  the  writing  has  been  regarded  as  being  of  the  nth  century  (Salt 
Society  Trans,  v.  (i),  p.  3  n.).  It  is  certainly  a  compilation  not  later  than  the  earliest  years 
of  the  1 2th  century,  and  was  apparently  derived  from  another  official  text  of  the  Domesday 
Survey  than  the  Exchequer  volume  which  it  corrects  in  more  than  one  particular. 

*  Liber  Eliensis  {Qd.  Hamilton),  pp.  168,  174,  184. 
"  Domesday  Book  (Record  Commission),  IV.  i — 26. 

®  Ellis,  Intro,  to  Domesday,  I.  184;  Round,  Feudal  England,  p.  215.  The  formula  of 
this  "  Breviate  "  has  a  slight  resemblance  to  that  found  in  the  Burton  compilation.  Whether 
the  well-known  Numerus  Hidarum  found  in  Old  English  law-books  has  any  connexion  with 
this  fiscal  system  is  a  question  that  cannot  be  discussed  here. 

^  See  Mr  Round  in  Feudal  Etigland,  p.  147  sq. 


Royal  Surveys,  Inquisitions  a^id  Assessments        291 

Such  lists  as  these  point  back  to  the  first  institution  of  the  Dane- 
geld,  though  in  their  later  aspect  they  were  no  longer  associated  with 
an  actual  assessments  but  served  as  a  check  upon  the  new  devices  of  im- 
perial and  local  taxation  which  had  taken  the  place  of  the  ancient  geld'. 

With  the  last  years  of  the  12th  century  a  slight  but  eventful  modi- 
fication was  made  in  this  conventional  system  of  fiscal  valuation.  The 
unit  of  assessment  is  now  the  plough,  or  plough-land,  instead  of  the 
hide,  which,  however,  is  still  used  as  a  convertible  symbol  and  is 
apparently  retained  for  the  purpose  of  local  taxation  I  With  the 
institutional  aspects  of  this  plough-tax*  we  are  not  here  concerned, 
but  it  will  afford  an  interesting  diplomatic  comparison  with  the  earlier 
geld  inquests. 

From  the  description  of  the  procedure  employed  in  connexion 
with  the  revision  of  the  judicial  eyres  in  1 194'  and  the  collection  of  the 
great  carucage  of  1198"  we  notice  at  once  that  the  term  imbreviare 
was  applied  to  the  record  of  the  verditts  of  the  local  jurors  prepared 
for  official  information,  just  as  it  is  used  in  a  local  "  breviate  "  of  the 
Great  Survey  I 

From  the  historiographer's  description  of  the  carucage  of  1 198  we 
obtain  a  suggestive  parallel  to  the  procedure  of  the  earlier  surveys. 
Here,  for  the  purpose  of  levying  an  equivalent  tax  to  the  old  Danegeld 
on  every  hide  or  carucate,  commissioners  and  assessors  were  appointed 
for  every  county  to  co-operate  with  the  sheriff,  local  officers  and  jurors 
in  accordance  with  precise  instructions  contained  in  a  Forma  Inquisi- 
tiotiis.  The  verdicts  found  were  committed  to  writing  {in  scriptum 
redigebantur\  a  copy  {rotnlus)  being  prepared  for  each  of  the  com- 
missioners, whilst  a  third  was  compiled  by  the  sheriff,  and  a  fourth 
was  apparently  preserved  by  the  representatives  of  local  magnates'. 
In  the  case  of  serjeanties,  moreover,  a  very  similar  procedure  was 

'  Possibly,  however,  the  lost  "  Danegeld  Roll,"  which  was  in  use  at  the  Exchequer  in  the 
reign  of  Henry  I  may  have  been  Ixiscd  upon  the  official  "  Breviate."  Some  attempt  must  also 
have  lieen  made  to  revise  the  existing  hidation  from  time  to  time,  and  this  may  have  been  the 
origin  of  some  of  the  local  hidage- lists  above  referred  to.  For  example,  the  Lindsey  survey 
is  written  upon  rolls  of  the  Exchequer  pattern  and  in  what  appears  to  be  an  official  hand. 

'•'  Cf.  Dialogxts,  I.  xi,  and  l)elow  in  the  following  pages. 

*  Cf.  l)elow,  p.  299.  Examples  of  the  use  of  "hidage"  as  a  genera!  term  will  be  found  in 
monastic  and  even  in  official  conipilations,  cf.  Cart.  Ramcs  (Rolls), /cuxi'm,  and  Ked  Book, 
fos.  ?9''  and  180. 

*  Cf.  J.  H.  Round  and  Miss  K.  Norgate  in  E,  H.  R.  Ml.  501  and  701  and  IV.  105. 
»  Hovftien  (Rolls),  ill.  261—167.  '  ^'*"'-  •^'-  4^- 

'  Intf.  Eliens.  (cd.  Hamilton),  p.  168.  Hie  imbreviatur  quot  taruot  Sancta  .^.dtldrtda 
habet  et  quot  habent  ejus  homines  secundum  brei<ia  Regis  qua  fofla  sunt  in  viteeomitatibus. 
This  abstract,  however,  might  Iw  regarded  .is  a  hidage-list  rather  than  a  *'  Breviate." 

*  This  reminds  us  of  the  possession  of  a  brei>e  of  the  Ely  inquest  by  the  abbot's  legattts. 

19 — 2 


292        Royal  Surveys,  Inquisitions  and  Assessments 

adopted.  The  extent  and  value  of  the  holdings  were  to  be  returned 
into  the  Exchequer  and  this  Return  is  termed  an  imbreviatio.  Frag- 
ments of  the  Returns  made  to  the  inquest  of  1198  have  fortunately- 
been  preserved  in  the  collection  known  as  Testa  de  Nevill^,  vyhilst 
another  version  is  preserved  in  at  least  one  case  which  formed  the 
subject  of  proceedings  in  the  King's  Court ^. 

In  the  later  carucates  of  the  years  1220  and  1224  the  diplomatic 
procedure  is  still  more  clearly  defined.  Here  there  is  a  royal  Writ 
which  combines  a  precept  with  a  Forma  Inquisitionis'^.  It  should  be 
noticed,  however,  that  the  Returns  in  this,  as  in  many  other  instances 
under  the  new  system  of  taxation,  take  the  form  of  accounts  instead 
of  that  of  verdicts^ 

The  inquisitions  on  the  basis  of  the  hide  and  plough  described 
above  are  connected  with  the  fiscal  business  of  the  kingdom.  Besides 
these,  the  same  plan  of  assessment  was  employed  for  an  obscure 
system  of  local  taxation  which  is  indicated  by  a  few  fragmentary 
Returns  dating  from  the  latter  part  of  the  12th  century ^  In  one 
aspect  these  local  assessments  are  of  communal  or  even  of  seignorial 
interest ;  but  in  another  they  may  be  regarded  as  a  distinct  source 
of  royal  revenue  and  one  that  has  survived  in  a  direct  descent 
to  modern  times".  The  local  assessments  referred  to  are  connected 
with  the  collection  of  the  "  Sheriff's  Aid "  and  court-fines  or  rents 
paid  in  respect  of  commuted  suits  of  court.  These  and  similar 
liabilities  were  assessed  upon  the  basis  of  the  hide,  following  the 
system  of  the  geld  assessments  We  know  from  the  evidence  of  the 
Exchequer  precedent-books  and  inquisitions,  as  well  as  from  the 
extensive  proceedings  on  writs  of  Quo  Warranto  during  the  Edwardian 
period,  that  from  the  close  of  the  12th  century  .the  Crown  was  prepared 
to  assert  its  claims  to  local  contributions  and  compositions  which  had 
been  allowed  to  swell  the  Sheriff's  perquisites  or  had  become  attached 

^  Cf.  p.  72*^  (Record  Commission).  The  existence  of  these  interesting  Returns  was  dis- 
covered by  Mr  J.  H.  Round,  who  has  given  a  valuable  account  of  the  procedure  of  the 
Inquest  of  1198  in  E.  H.  R.   in.  501. 

'^  Rot.  Cur.  Reg.  (Record  Com.),  p.  -216,  and  J.  H.  Round  in  E.  H.  R.  he.  cit. 

^  Rot.  Claus.  I.  437.  *   7'esta  de  Nevill,  p.  \},\^. 

^  Cf.  Red  Book,  11.  774.  Specimens  of  such  fragments  will  be  found  in  Exchequer 
Records  under  the  following  references :  Accounts  (K.  R.)  Vji  Miscellanea  ^3  and  L.  T.  R. 
Misc.  Rolls  \.  It  is  possible  that  these  incidents  have  a  good  deal  to  do  with  the  struggle 
over  the  encroachments  of  private  franchises  in  the  13th  century.  The  commutations  of  the 
liabilities  of  certain  districts  to  suit  and  service  in  the  sheriffs'  courts  may  be  traced  in  the 
Pipe  Rolls  down  to  the  19th  century. 

*  Cf.  the  modern  records  of  the  Land  Revenue  Office  under  the  head  of  ' '  Viscontiel 
Rents." 

''  Dialogus,  I.  xi. 


Royal  Surveys,  Inquisitions  and  Assessments        293 

to  some  encroaching  franchise  by  collusion \  The  suits  or  rents  that 
were  thus  "  withdrawn  "  and  in  turn  "  recovered  "  by  the  Crown  from 
an  ordinary  subject-matter  of  the  ministerial  proceedings  by  way  of 
Inquisition  and  Returns  during  the  13th  century. 

Long  before  the  final  disappearance  of  the  fiscal  system  repre- 
sented by  the  hidages  and  carucages  of  the  12th  century  a  new  one 
was  in  course  of  skilful  preparation.  The  institution  of  Scutage  was 
not  merely  an  addition  to  the  existing  sources  of  revenue.  It  marks 
the  beginning  of  a  new  method  of  assessment  on  the  basis  of  the 
knight's  fee  which  prevailed  for  another  century.  This  resembles  in 
its  main  features  the  geld  inquest  of  an  earlier  period*,  and  here  again 
we  find  the  three-fold  procedure  represented  by  the  Writ,  Form  of 
Inquisition,  and  Returns.  The  earliest  specimens  of  this  class  are 
certainly  imperfect,  but  as  early  as  the  reign  of  Henry  II  we  are  able 
to  reconstruct  the  normal  diplomatic  process'.  It  would  appear  that 
in  the  case  of  the  personal  Returns  made  by  military  tenants  a  Form 
of  Inquisition  could  be  dispensed  with,  the  procedure  enjoined  being 
categorically  stated  in  the  Writ  and  duly  recited  in  the  Return^  In 
the  case  of  a  general  inquisition  made  by  local  juries  the  Form  of 
Inquisition  may  have  been  more  distinctly  indicated,  but  the  Writs 
and  "certificates"  or  other  Returns  connected  with  the  earliest  military 
inquests  are  rarely  preserved,  and  the  existing  Record  takes  the  form 
of  a  schedule  of  assessments  closely  resembling  a  Compotus^.  In 
a  later  period  the  Writ  itself  is  preserved  in  the  Chancery  enrolments, 
the  Returns  being  preserved  for  official  reference  in  a  precedent  book. 
The  Form  of  Inquisition,  recited  from  the  Writ,  is  also  occasionally 
given  as  a  heading  to  the  Return*. 

*  Besides  the  copious  pleadings  connected  with  the  ministerial  inquisitions  above  referred 
to,  the  vigilant  interest  of  the  Crown  herein  is  seen  in  many  cases  which  were  recorded  in 
the  Chancery  during  the  F4th  and  15th  centuries.  Many  of  these  "records"  are  still  preserved 
amongst  the  Miscellanea  of  the  Chancery. 

"  A  transition  may  be  seen  in  the  Peterlwrough  Survey  {temp.  Hen.  I),  in  which  the 
numlier  of  the  knights  is  appended  to  the  extent  of  hides  and  virgates. 

'  This  has  l^ecn  indicated  in  the  case  of  the  u66  returns  by  Bishop  Stubbs  and  Mr  J.  11. 
Round. 

*  Personal  returns  by  local  officers  were  also  made  in  the  Chancery  in  connexion  with 
summonses  for  military  service  as  late  as  the  reign  of  Edwanl  III. 

*  The  formula  of  the  Writ  and  Return  for  the  marriage  aid  of  1135  seems  to  have  been 
closely  modelled  on  that  of  1 166  and  11  ri  (cf.  Testa^  11.  749).  The  form  of  a  tomfvtus  is 
seen  in  the  Aid  of  1.^46  (K.  R.  Miscellautous  Book,  No.  3). 

•  Cf.  Feudal  Aids  (Rolls),  passim.  Variants  are  found  in  the  case  of  the  "Scutage" 
and  "Marshalsea"  rolls  (S.  R.  ScargillBird  in  Genealof^st,  \.  65).  Specimens  of  the 
original  Returns  from  which  the  official  precedent  IkkjUs  were  compiled  are  preserved 
l)ctween  1166  and  1431.  For  the  composition  of  these  official  lists  see  Red  Book  Vol.  II. 
(Preface),  and  the  Rolls  edition  of  Feudal  Aids  (Preface). 


294         Royal  Surveys,  Inquisitions  and  Assessments 

The  system  of  fiscal  assessment  based  on  the  knight's  fee  was 
mauily  applicable  to  a  single  class,  and  for  this  special  purpose  it  was 
utilized  down  to  the  reign  of  Edward  III.  Long  before  this  date, 
however,  the  commutation  of  military  service  for  a  conventional 
payment  had  given  rise  to  new  expedients  for  imperial  taxation. 

As  early  as  the  reign  of  Henry  II  an  equivalent  levy  in  lieu  of 
scutage  was  made  upon  the  non-military  classes  in  the  shape  of  a 
Dommt,  Auxiliuin  or  Tallagiiini,  contributed  by  the  knight's  fee,  or 
distributed  upon  the  village  or  burgage  holdings.  Later  still  we  find 
assessments  calculated  in  convertible  terms  of  the  knight's  fee  or  the 
hide,  each  of  these  in  turn  being  approximated  to  a  statement  of 
liability  in  terms  of  pounds,  shillings  and  pence  or  even  of  marcs. 
Before  the  close  of  the  13th  century  the  normal  holding  of  a  tenant 
by  knight's  service  is  ofificially  computed  by  librates^  alone,  and  this 
method  prevailed  down  to  the   17th  century. 

The  formula  of  valuation  employed  in  the  earliest  general  Aids  of 
the  13th  century  would  seem  to  have  been  partly  connected  with  the 
librate  valuation  and  in  part  again  with  the  tithe  custom  of  imme- 
morial antiquity.  The  latter  connexion  may  be  traced  in  the  series 
of  ecclesiastical  assessments  from  the  "  Saladin  Tithe  "  of  1 189  to  the 
Valor  Ecclesiasticus  of  1535.  The  former  is  seen  in  the  general  Aids 
levied  from  the  beginning  of  the  13th  century.  Thus,  for  the  Aid  of 
1 207  an  assessment  was  made  at  the  rate  of  1 2d.  on  each  marcate  of 
property,  and  this  is  commonly  regarded  as  a  Thirteenths  On  other 
occasions  any  percentage  from  a  Fourth  to  a  Fortieth  might  be  called 
for^  but  the  system  of  the  librate,  which  was  applicable  equally  to  real 
and  personal  property,  finally  prevailed,  whether  as  a  levy  of  so  many 
shillings  in  the  pound  by  way  of  a  land-tax  or  as  an  ad  valorem  duty 
on  commodities. 

The  diplomatic  construction  of  these  assessments  does  not  differ 
from  that  of  the  earlier  fiscal  inquisitions  except  that,  the  consent  of 
the  Council  or  Parliament  being  now  assumed,  the  royal  precept  may 
practically  be  regarded  as  a  "  writ  in  aid  "  of  the  sheriff  for  the  purpose 
of  collection ^  The  Forma  Inqidsitionis,  however,  is  set  out  with 
careful  details,  including  even  the  oath  to  be  taken  by  the  jurors,  and 
instructions  for  sealing  the  Returns  and  safeguarding  the  treasure 
collected  I 

1  K.  R.  Knight's  Service  Bdle  i  and  Miscellanea  of  the  Chancery  Bdle  i. 

'^  Rot.  Litt.  Pat.  I.  72,  Ann.  Waverley  (Rolls),  p.  258. 

3  Stubbs  C.  H.  and  S.  C.  passim.  *   Cf.  Pat.  3  Hen.  IV,  m.  23. 

'  Cf.  Pat.  25  Edw.  I,  Pt  2,  m.  3  {in  cedula).  In  later  times  the  Form  of  Inquisition  may 
take  the  shape  of  a  permanent  official  precedent  book,  such  as  the  Book  of  Rates  for  levying 
Customs  duties. 


Royal  Surveys,  Inquisitions  and  Assessments         295 

The  Returns  in  question  naturally  resemble  accounts  in  their 
general  construction,  but  in  many  cases  they  revert  to  the  form  of  the 
agrarian  survey'.  They  have  a  further  interest  from  the  fact  that  the 
original  assessments  appear  frequently  to  have  served  as  taxing  lists 
which  were  examined  and  checked  by  another  set  of  assessors,  some- 
thing after  the  manner  of  the  estreats  of  amerciaments  returned  to 
the  Exchequer'. 

if)     Feudal  Inquisitions. 

A  large  group  of  miscellaneous  Inquisitions  will  be  found  holding 
a  somewhat  anomalous  position  half-way  between  Agrarian  Surveys 
and  Fiscal  Inquisitions,  and  Assessments  and  the  Political  or  Judicial 
Inquisitions,  which  have  distinct  characteristics  of  their  own. 

The  class  referred  to  is  composed  of  the  more  purely  feudal 
inquisitions  connected  with  such  matters  as  serjeanties,  wardships, 
escheats,  assarts,  qualifications  for  knighthood,  inquests  of  lunacy, 
and  proceedings  Ad  Quod  Dampntim.  It  is  true  that  several  of 
these  have  an  agrarian  or  fiscal  character^,  but  a  distinction  may  con- 
veniently be  made  between  the  instruments  which  concern  the  royal 
prerogative  or  feudal  droits  of  the  Crown  and  those  which  have  a 
special  fiscal  interests  Moreover,  although  these  feudal  interests  are 
recognized  in  several  Edwardian  statutes  and  royal  inquisitions,  we 
should  find  that  for  the  most  part  escheats,  alienations,  purprestures 
and  the  rest,  are  usually  the  subjects  of  an  inquisition  sni generis. 

The  diplomatic  construction  of  these  instruments  is  liable  to  con- 
siderable variation.  Thus,  the  1 2th  century  inquisition  of  widows  and 
wards,  known  as  the  Rottdi  de  Dominabus,  touches  on  both  agrarian 
and  fiscal  matters,  its  real  object  being  to  ascertain  the  rights  of  the 
Crown  in  respect  of  feudal  wardships  and  marriages'.     No  Writ  or 

*  Cf.  Pat.  24  Edw.  I,  m.  ii.  The  Taxatio  of  1291  and  Valor  of  1535  may  be  regarded, 
in  one  aspect,  as  clerical  extents  like  the  "  Parliamentary  Surveys"  of  the  Commonwealth. 
The  Returns,  in  the  form  of  Indentures,  to  the  Inquisitiones  Nonarum  in  13 16,  refer  only,  like 
the  subsidy  assessments,  to  a  valuation  (ui  hot,  though  this  is  of  an  agrarian  nature. 

'  Cf.  Feudal  Aids,  passim.  Specimens  of  these  judicial  amerciaments  will  be  found  in  the 
Exchequer  Accounts. 

'  e.g.  RotuH  de  Dominabus,  and  many  of  the  "  Extents"  formerly  included  amongst  the 
Inquisitions  post  mortem. 

*  Cf.  the  "Rotulus  de  escaetis,  viduis,  valettis  et  castellariis "  for  Norfolk  amongst  the 
unprintcd  Hundred  Rolls  (No.  13). 

*  Ed.  Grimaldi,  alwve.  The  agrarian  and  fiscal  surveys  of  an  earlier  period  are  recalled 
by  the  use  of  the  verbs  valeo  and  possum  and  the  enumeration  of  the  stock.  On  the  other 
hand  the  personal  descriptions  resemble  those  found  in  the  Exchequer  Feodaries  and 
Accounts  (cf.  Ttsta  de  Nevill,  passim,  and  "Receipt  Roll  of  the  Exchequer"  (1185), 
p.  11). 


296         Royal  Surveys,  Inquisitions  and  Assessments 

Form  of  Inquisition  of  this  interesting  record  has  been  preserved,  but 
these  could  without  much  difficulty  be  reconstructed  from  the  original 
Returns. 

In  the  next  century  we  find  inquests  de  valettis  et  ptiellis...de 
ctistodia  domini  Regis,  forming  part  of  the  regular  proceedings  of  the 
eyre,  and  in  the  same  connexion  we  have  a  judicial  supervision  of 
escheats  and  serjeanties.  Moreover,  these  proceedings  seem  to  have 
formed  part  of  a  considerable  collection,  fragments  of  which  are  still 
preserved '. 

The  periodical  "  Regards  "  of  the  royal  forests  constitute  a  distinct 
type  of  feudal  inquisition,  being  obviously  of  a  technical  nature.  The 
conventional  visitations  must,  however,  be  distinguished  from  the 
special  inquisitions  of  forest  jurisdictions  such  as  those  held  in  con- 
nexion with  the  charter  of  1217  and  its  later  confirmations-.  These 
must  have  been  taken  on  an  extensive  scale,  but  for  the  most  part 
only  the  Writs  and  the  subsequent  pleadings  appear  to  have 
survived^. 

Inquisitions  Ad  quod  dampnum,  which  might  also  be  regarded 
as  remedial  measures,  derive  their  feudal  character  from  a  typical 
exercise  of  the  royal  prerogative*.  The  same  view  will  perhaps  be 
taken  of  inquests  De  lunaticis.  In  another  direction  the  feudal  rights 
of  the  Crown  furnish  us  with  one  of  the  largest  and  most  important 
classes  of  ministerial  Records.  The  familiar  Inquisition  Post  Mortem 
is  the  chief  representative  of  this  class,  which  includes,  besides  pro- 
ceedings under  the  writ  Utriini  sit  escaeta  nostra^,  a  large  number  of 
miscellaneous  extents  which  are  frequently  of  an  agrarian  nature®. 
The  wide  scope  of  these  feudal  inquisitions  will  be  seen  from  the 


^  Cf.  Testa  de  Nevill,  pp.  270  and  SQc**.  An  interesting  description  of  a  still  earlier 
Return  of  feudal  Reliefs  is  given  in  Feudal  England,  p.  308,  from  the  Worcester  cartulary 
(ed.  Hearne,  I.  79).  This  is  actually  in  a  diplomatic  form,  but  its  authenticity  must  be 
accepted  with  considerable  reserve. 

^  An  excellent  description  of  these  will  be  found  in  Mr  Turner's  learned  Introduction 
to  the  edition  oi  Select  Pleas  of  the  Forests  issued  by  the  Selden  Society.  For  the  inquisitions 
or  perambulations  connected  with  Disafforestations,  see  below,  .p.  298. 

'  For  the  great  inquest  of  1244  see  Matt.  Paris  (Rolls)  iv.  400.  A  fragment  of  pleadings 
hereon  is  perhaps  preserved  in  the  L.  T.  R.  Miscellanea  \.  Offences  against  the  property 
of  owners  of  parks  and  chaces  (cf.  Pleas  of  the  Forest,  p.  xcii  sq.)  formed  a  subject  of 
enquiry  in  the  judicial  eyres.  For  the  proceedings  in  1218,  see  Pat.  18  John,  m.  2  and  Pleas 
of  the  Forest,  p.  xciv. 

*  Cf.  Dialogus,  II.  X  on  the  subject  of  Purprestures  and  the  printed  List  of  Inquisitions 
ad  quod  da  mpn  u  m . 

^  Cf.  Bracton,  11.  345. 

^  Cf.  "Ancient  Extents"  and  "  Chancery  Miscellaneous  Inquisitions,"/aw?w.  Theserelate 
to  manorial  stock,  repairs,  serjeanties,  tolls,  customs,  fisheries,  warren  and  other  profits  or 
rights  of  the  Crown. 


Royal  Surveys,  Inquisitions  and  Assessments        297 

"Ordinances  of  the  Escheatry,"  preserved  in  several  collections', 
whilst  the  directions  for  extending  lands  which  may  be  found  in  both 
official  and  private  precedent  books  may  be  compared  with  the 
hidage-lists  connected  with  several  aspects  of  fiscal  assessment. 

The  diplomatic  procedure  observed  in  these  feudal  extents  is 
clearly  defined.  The  Writ  ad  inquirendum  is  usually  preserved  with 
the  Return,  and  it  is  also  recited,  almost  vtrbatim,  in  the  heading  of 
the  latter^  a  separate  Form  of  Inquisition  being  unnecessary  in  the 
case  of  mere  escheats.  The  statutory  Articles"  administered  to  the 
jurors  for  the  purpose  of  manorial  Extents  may  indeed  have  been 
appended  to  the  Writ  as  a  separate  schedule  ;  but  they  are  probably 
more  or  less  conventional.  Their  occurrence  in  various  precedent 
books  is,  however,  authenticated,  and  constitutes  a  link  between  these 
Feudal  Inquisitions  and  those  of  a  statutory  or  political  nature,  whilst 
the  relationship  of  both  to  the  judicial  inquisitions  recorded  in  the 
Eyre  Rolls  will  be  presently  referred  to. 

(</)     Stattctory  and  Political  Inquisitions. 

Although  the  Domesday  Survey  itself  might  easily  be  regarded 
as  a  political  measure,  the  statutory  inquisitions  of  the  12th  and  13th 
centuries  possess  certain  well-marked  characteristics  which  are  only 
faintly  indicated  in  earlier  records.  Thus,  besides  the  usual  procedure 
denoted  by  the  presence  of  a  Writ,  a  Form  of  Inquisition  and  volumi- 
nous Returns,  recording  the  verdicts  of  local  juries,  two  further  stages 
of  institutional  development  may  be  frequently  observed.  These  are 
the  Pleadings  consequent  on  the  aforesaid  verdicts  and  the  Accounts 
of  profits  accruing  to  the  Crown,  whether  from  fiscal  assessments  or 
political  delinquencies.  These  Pleadings  and  Accounts  must  be 
classified  according  to  their  diplomatic  construction*,  but  their  con- 
nexion with  these  "  Ministerial  Proceedings"  will  be  found  instructive. 

Already  the  mixed  agrarian  and  fiscal  inquests  of  the  Norman 
period  have  reminded  us  of  the  early  activities  of  royal  Justices  in 
Eyre  and  Exchequer  Barons.  The  nature  of  the  political  inquisitions 
of  the  12th  century  is,  however,  clearly  indicated  by  the  existing 
articles  of  enquiry,  although  the  inquisitional  procedure  may  not  have 

1  Cf.  Statutes  of  the  Reattn,  i.  138;  Annals  of  Burton  (Rolls),  p.  479,  &c. 

*  The  writ  Ad  inquirendum  contains  the  precept  diligenter  inquiras.     In  the  writ  Ad 
exlendendum  a  wider  scope  of  enquiry  may  \x  indicattd  by  the  formula  diligenter  extendi 

facias  quantum,  &'c.  valeat,  dr'f.  ct  qualiter,  dfc.  plus  t>alere  foterit  ado/<us  nostrum.  In  some 
cases  the  Return  is  in  an  epistolary  form  and  in  others  the  royal  writ  is  recited  in  haec  veria. 

*  Cf.  n.  4  supra. 

*  i.e.  under  "Judicial  Proceedings"  and  "Accounts"  respectively. 


298         Royal  Surveys,   Inquisitions  and  Assessments 

differed  from  that  employed  for  fiscal  or  purely  judicial  purposes. 
Moreover,  the  scope  of  the  enquiry  will  appear  strictly  limited  when 
compared  with  the  very  miscellaneous  and  speculative  articles  ad- 
ministered during  the  latter  half  of  the  13th  century'. 

Probably  the  earliest  existing  record  of  a  political  inquisition 
dates  only  from  the  year  1170.  This  is  the  well-known  "Inquest  of 
Sheriffs,"  of  which  the  Forma  Inquisitionis  alone  is  preserved^,  though 
several  fragments  of  the  original  Returns  have  been  identified  amongst 
the  miscellaneous  Records  of  the  Exchequer^  If  this  identification 
is  correct,  the  Returns  in  question  throw  little  light  on  the  official 
procedure.  It  would  appear,  however,  that  the  Inquisition  was  not 
made,  as  usual,  by  hundreds  and  vills,  but  by  baronies  and  vills^  and 
that  the  Returns  of  each  vill  to  individual  articles  of  enquiry  were 
separately  entered  on  loose  pieces  of  parchment,  an  unusual  method 
of  "  imbreviation^"  In  a  few  cases  "hearing  notes"  are  appended  to 
the  Returns". 

The  articles  of  enquiry  connected  with  the  Assize  of  Arms  of 
1 181  have  been  preserved  by  contemporary  historians'',  but  in  this 
case  no  single  fragment  of  the  Returns  has  survived,  though  their 
general  character  may  be  easily  realized  from  the  well-known  Muster 
Rolls  of  a  later  periods 

The  same  deficiency  exists  in  respect  of  the  Assize  of  the  Forest 
in  1 184"  whereby  Assarts  w^ere  to  be  "imbreviated"  at  regular  intervals, 
but  perhaps  this  may  refer  to  the  "  Regards,"  which  form  an  incident 
of  purely  feudal  interest. 

An  important  inquisition  as  to  the  malpractices  of  royal  ministers 
in  the  year  1 196  may  have  fallen  through  owing  to  the  sudden  death 
of  one  of  the  two  commissioners'".  In  any  case  no  record  of  this 
enquiry  has  been  preserved.  Again,  following  King  John's  sub- 
mission to  the  Pope  in  12 13  a  general  inquisition  seems  to  have  been 
ordered  for  the  purpose  of  ascertaining  the  losses  suffered  by  the 
Church",  and  this  information  may  have  been  utilized  by  contemporary 
antiquaries  for  statistical  purposes 'I      A  local  inquisition  of  the  year 

'  Below,  p.  318.  2  stubbs,  S.  C.  148. 

^  These  have  been  printed  in  the  /^ed  Book,  p.  cclxvii  sq.  where  another  origin  has  been 
suggested  for  them  in  connexion  with  a  local  inquest  relating  to  military  service,  a  suggestion, 
however,  which  has  not  been  generally  accepted. 

*  These  baronies  were  separately  filed.  '  Cf.  Hoveden  (Rolls),  III.  262  sq. 

*  Below,  p.  323.  7  Ben_  Abbas.  (Rolls),  I.  278. 
^  Cf.  S.  R.  Scargill-Bird  in  Genealogist,  i.  65. 

"  Ben.  Abbas,  il.  clxi.  G.  J.  Turner,  Select  Pleas  of  the  Forest  (Selden  Society),  p.  Ixxvii. 
"  Hoveden,  iv.  5.  "  M.  Paris,  Chron.  Major,  11.  569. 

'2  Cf.  Red  Book,  p.  772. 


Royal  Surveys,  Inquisitions  and  Assessments         299 

121 2'  may  have  been  really  of  a  fiscal  nature,  but  four  years  later  the 
general  inquisition  concerning  forests  and  rivers  promised  by  the 
Great  Charter  seems  to  have  been  held,  though  our  information  on 
this  point  is  very  scanty*. 

The  frequent  use  of  Inquisitions  for  fiscal  purposes  during  the 
reign  of  Henry  III  has  been  already  referred  to^  From  the  chaotic 
state  of  the  Returns  made  to  these  fiscal  Inquisitions  it  would  not  be 
surprising  if  the  Records  of  other  enquiries  of  a  political  nature  had 
also  disappeared.  This,  at  least,  has  been  the  fate  of  the  Inquisition 
concerning  the  Forests  in  l244^  whilst  of  the  important  political 
inquisitions  which  are  recorded  during  the  last  twenty  years  of  this 
reign  two  only  are  preserved  to  us  in  an  imperfect  form*. 

It  has  been  already  observed  that  in  the  case  of  the  political 
inquisitions  of  the  Edwardian  period  considerable  difficulty  will  be 
found  in  distinguishing  between  inquisitions  of  an  administrative  and 
those  of  a  purely  judicial  nature.  This  is  scarcely  surprising  when  we 
remember  that  the  form  of  these  conventional  articles  was  constantly 
paraphrased  by  official  scribes.  Moreover,  the  procedure  which  they 
indicate  was  inspired  by  an  official  policy  subject  to  frequent  variations. 
We  have  also  seen  in  the  case  of  the  fiscal  and  feudal  inquisitions 
of  the  latter  part  of  the  12th  century  that  attention  is  chiefly  given  to 
the  due  valuation  of  the  plough-land  or  plough-team*.  A  little  later 
the  fiscal  interests  of  the  Crown  are  centered  in  the  Knight's  fee  and 
the  Serjeanty^  whilst  the  liabilities  of  non-military  tenants,  and  the 
capabilities  of  churchmen,  Jews  and  merchants  have  become  subjects 
for  special  consideration*.  Thus,  it  has  come  to  pass  that  Matthew 
Paris,  writing  in  the  year  1254,  can  inveigh  against  the  "unheard  of 
writ,  issued  by  the  Chancery  of  our  lord  the  King  " — for  inquisition  to 
be  made  by  the  reve  and  four  men  concerning  the  plough-teams  in 
every  manor  of  the  Religious,  after  the  form  of  other  days". 

'   Pat.  14  John,  m.  2. 

'■*  Pat.  Rolls  (Record  Commission),  I.  i8o,  cf.  Select  Pleas  of  the  Forest  (Selden  Soc.),  loc. 
cit.  and  McKechnie,  Magna  Carta,  p.  482  sq. 

*  Above,  p.  594. 

*  Cf.  above,  p.  296. 

'  i.e.  those  of  1255  (printed  in  the  "  Hundred  Rolls"),  and  1166. 

•  Above,  p.  193.  '  Ibid. 

"  Cf.  the  Vetera  Capitula  Itineris  cited  below  and  the  documents  given  in  Stubbs,  J".  C. 
for  the  first  half  of  the  13th  century. 

•  The  writ  given  by  M.  Paris  (v.  464)  is  not  found  in  the  Chancery  enrolments,  but  those 
are  im[)erfect  fur  the  period  and  the  King  was  in  Gascony  at  this  date  (13  Oct.  1154).  Some 
light  is  thrown  on  the  matter  by  a  Gascon  writ  'lated  9  October  IJ54  {R6les  Gascons,  ed. 
Michel,  No.  3717),  addressed  to  the  official  of  the  Archbishop  of  Canterbury  requiring  him 
to  make  inquisition  as  to  the  exact  value  of  all  the  benefices  of  England  (cf.  M.  Paris,  VI. 


300        Royal  Surveys,  Inquisitions  and  Assessments 

But  it  is  not  the  carucage  only  that  has  become  archaic  whilst 
Paris  and  Bracton  are  still  at  work.  In  this  same  year  (1254)  we  seem 
to  see  the  beginnings  of  a  new  form  of  inquisition  which  is  destined  to 
play  an  important  part  in  later  constitutional  developments. 

What  has  happened  is  unconsciously  explained  by  the  monastic 
chroniclers  themselves.  Thus  the  Burton  annalist  has  recorded,  under 
the  year  1254',  the  form  of  a  certain  inquisition  taken  before  the 
itinerant  justices  at  Lichfield,  and  the  text  thus  incidentally  pre- 
served and  dated  is  found  to  agree  with  the  conventional  form  of  the 
Vetera  Capitida  Itineris  as  set  forth  in  Bracton^  and  in  the  Statutes  of 
the  Realm^.  It  is  true  that  the  conventional  form  of  the  "  Old 
Chapters  of  the  Eyre"  which  has  been  handed  down  from  the  age  of 
Glanvill  to  that  of  Bracton,  can  scarcely  be  stated  with  any  degree  of 
precision.  The  same  may  be  said  of  the  "  New  Chapters  of  the  Eyre  " 
which  should  be  better  known  to  us  in  connexion  with  the  Hundred^ 
and  Quo  Warranto  rolls  and  which  are  also  preserved  in  a  conventional 
form^  but  it  is  improbable  that  the  "New  Chapters"  were  evolved 
directly  from  the  "  Old  Chapters,"  and  therefore  some  intermediate 
type  of  inquisition  must  be  looked  for". 

This  transitional  form  is  possibly  recorded  by  the  Annals  of 
Burton,    in  connexion    with  an   extensive  enquiry   made   before  the 

298).  For  the  papal  grant  of  a  Tenth  for  the  Crusade  made  in  1252  {Foedera,  i.  272 — 274) 
and  vigorously  opposed  by  the  English  clergy,  cf.  A7tn.  Burton,  350  sq.  and  360  sq.  and 
M.  Paris,  V.  324  sq.  For  the  whole  subject  see  Miss  R.  Graham  in  Transactions  R.  Hist. 
Soc.  xviii,  and  E.  H.  K.,  July,  1908,  cf.  Rev.  W.  Hudson  in  Norwich  Arch.  Soc.  Trans.  (1908). 
The  form  of  the  "Norwich  Taxation"  of  1254—56  as  preserved  in  local  lists  (cf.  Ann.  Burton, 
pp.  327  and  366,  Cotton  MSS.  Claud,  D.  xi  (Malton)  and  Harl.  1005  (Bury))  shows  no  traces 
of  an  inquest  of  ploughs  (cf.  Ann.  Burton,  p.  357).  But  these  valores  obviously  omit 
agrarian  details  such  as  are  occasionally  preserved  in  the  Taxation  of  1291. 

1  Annals  of  Burton  (Rolls),  p.  330. 

^  Rolls,  ed.  II.  240,  cf.  Select  Pleas  of  the  Crown  (Selden  Soc),  p.  xxiii  where  Professor 
Maitland  has  given  the  pedigree  of  these  articles.  A  version  preserved  in  the  Gloucester 
cartulary  (li.  276)  seems  to  be  of  the  same  date.  For  the  form  adapted  for  a  civic  inquisi- 
tion, cf.  Liber  Aldus,  I.  72,  and  Add.  Charter  5153,  which  appears  to  be  of  the  date  1276. 

^  I.  233.  *  Record  ed.  Vol.  I.  p.  13. 

^  Bracton,  ii.  Appx.  i.  Stat.  Realm  i.  235. 

"  It  would  probably  lie  found  a  matter  of  some  difficulty  to  prove  that  the  conventional 
chapters  of  the  Eyre  as  we  find  them  stated  in  1254  were  habitually  supplemented  by  the 
new  inquisitorial  articles  of  1255.  Probably  it  would  be  safer  to  suggest  that  the  latter  were 
utilised  side  by  side  with  the  former  during  the  Eyres  protracted  between  1255  and  1257  and 
that  they  were  succeeded  by  further  special  inquisitions  administered  by  the  itinerant 
justices  between  1258  and  1266  being  finally  replaced  by  a  conventional  series  of  "New 
Chapters"  in  1274  which  also  have  their  origin  in  a  special  Inquisition.  It  is  only  when  the 
pleadings  upon  the  Hundred  Rolls  draw  to  a  close  that  the  Old  and  New  Chapters  assume 
the  stereotyped  juxtaposition  which  is  such  a  familiar  feature  of  the  Rolls  and  law-books  of 
the  first  half  of  the  14th  century  (cf.  below,  pp.  303  and  318). 


Royal  Surveys,  Inquisitions  and  Assessments         301 

justices  at  Stafford  in  the  year  1255',  the  political  character  of  which 
may  be  shrewdly  suspected.  Here  the  resistance  of  the  church  to  the 
collection  of  the  new  papal  tithe  is  punished  by  inquisitorial  articles 
which  led  to  the  protests  of  the  clergy  in  the  Synods  of  London  and 
Merton''.  For  the  baronage  and  landed  gentry  there  is  reserved  a 
strictly  legal  but  highly  disagreeable  process  of  proprietary  rectification 
at  the  hands  of  officious  jurors.  Even  the  traders  are  to  be  reminded 
by  a  sweeping  inquest  of  measures*  that  they  cannot  count  on  the 
protection  of  local  franchises.  Such  sharp  dealings  with  the  privileged 
classes  would  be  generally  approved,  and  to  conciliate  the  new  com- 
mercial interest,  Jews  and  foreigners  were  sacrificed  in  turn.  Finally,  in 
1259,  popular  attention  was  diverted  towards  public  and  private  wrongs 
suffered  at  the  hands  of  unjust  ministers.  Ample  facilities  were  to  be 
afforded  for  the  hearing  of  Querclce  and  the  country,  as  we  know, 
was  glutted  with  vengeance  on  its  oppressors^  It  is  true  that  along 
with  these  Querelce  were  certain  Gravamina  which  reflected  severely  on 
the  royal  methods  of  government,  but  these  matters  could  scarcely  be 
thrashed  out  by  local  jurors'*. 

Of  the  political  inquisitions  here  alluded  to,  that  of  the  year  1255 
alone  has  been  preserved  to  us,  although  the  procedure  for  the  great 
inquisition  of  1258,  continued  in  the  next  year,  is  known  to  us  through 
the  Provisions  of  Oxford  and  Westminster*.  It  is  interesting  to  learn 
that  the  original  Returns  on  this  occasion  were  formerly  preserved  in 
the  royal  Treasury  in  a  chest  bearing  the  distinctive  press-mark 
"  InquisitionesV 

The  inquisition  of  1255  does  not  need  the  authentication  of  a 
contemporary  chronicler.  The  Writ  directing  its  execution  is  enrolled^ 
and  the  Form  of  Inquisition  has  been  separately  preserved*.  Finally,  a 
considerable  portion  of  the  Returns  has  been  transcribed  in  an  official 

*  Ann.  Burton,  p.  337.  There  is  nothing  in  the  few  surviving  Returns  for  Stafford  to 
illustrate  the  assertion  that  the  commissioners  conducted  this  enquiry  with  marked  harshness. 

■  Wilkins,  Concilia  (1257),  I.  723;  Ann.  Burton,  pp.  419 — 420.  The  articles  chiefly 
complained  of  in  these  conferences  can  Ik;  identified  in  the  capitula  of  1255. 

*  Ann.  Burton  {1156),  p.  375;  M.  Paris,  v.  595. 

*  M.  Paris,  v.  714,  720;  vi.  396—7.  Flores.  Hist.  pp.  426,  437  and  the  Assize  Rolls  for 
the  period. 

*  Ann.  Burton,  sub  anno. 

*  Cf.  Ann.  Burton,  pp.  446 — 456,  M.  Paris,  vi.  p.  115,  Foeti^ra,  I.  375  and  381,  Pat. 
43  Hen.  Ill,  m.  2,  and  43  Men.  Ill,  m.  10,  and  Close  Roll,  44  lien.  Ill,  m.  18*'. 

'  Palgrave,  /Calendars,  I.  9. 
8  Pat.  39  Hen.  Ill,  m.  9<i. 

*  Ann.  Burton,  p.  330  and  Hundred  Rolls  (Record  Commission)  passim.  Interesting 
variants  may  be  found  in  the  latter  source. 


302         Royal  Surveys,  Inquisitions  and  Assessments 

collection  and  is  actually  in  prints  It  is  surprising,  therefore,  that  no 
attempt  has  yet  been  made  to  assign  these  instruments  to  their  proper 
place  in  the  sequence  of  constitutional  events  which  overflow  into  the 
reign  of  statute  law.  For  if  the  position  assigned  here  to  the  inquisi- 
tion of  1255  is  correct,  it  follows  that  the  famous  records  known  to  us 
as  the  Hundred  Rolls  and  the  pleadings  in  Quo  Warranto  and 
"  Rageman,"  together  with  the  proceedings  connected  with  some 
miscellaneous  QuerelcB,  must  be  ultimately  derived  from  this  prolific 
source.  Again,  it  will  be  evident  that  these  administrative  and 
remedial  measures  are  associated  with  a  string  of  enactments  extend- 
ing from  the  Statute  of  Merton  in  1236  to  the  Statute  of  Gloucester 
in  1278. 

As  in  the  case  of  the  reputed  "  Hundred  Rolls"  of  1255,  the  diplo- 
matic construction  of  the  true  Records  forming  this  collection  has  been 
well  preserved.  The  royal  Writ  is  entered  on  the  Patent  Roll*  with 
a  schedule  of  Articles  which  are  better  known  to  us  as  the  "  New 
Chapters  of  the  Eyre"  before  referred  to.  The  Returns  to  these 
Articles  are,  however,  only  partially  preserved,  though  this  does  not 
affect  our  knowledge  of  the  procedure  employed  I 

One  point,  however,  remains  in  some  obscurity.  References  occur 
in  the  body  of  these  Returns  to  a  separate  inquisition  De  ministris  and 
to  Articles  of  enquiry  with  corresponding  verdicts  presented  and 
returned  in  distinct  Rolls^  But  in  the  Writ  itself  which  called  forth  the 
proceedings  taken  in  1274  provision  is  made  for  an  enquiry  into  the 
conduct  of  royal  ministers,  and  numerous  Returns  to  the  Articles  pre- 
sented for  this  purpose  will  be  found  in  the  printed  Hundred  Rolls'. 
Proof  of  the  former  existence  of  distinct  records  relating  to  this 
ministerial  enquiry  is  furnished  by  the  discovery  of  certain  fragments 
of  Articles  and  Verdicts"  which  may  probably  be  regarded  as  sub- 
sidiary  to   the   existing   pleadings    connected    with    the    statute    of 


'  Hundred  Rolls  (Record  Commission),  vols.  I.  and  n. 
2  Pat.  1  Ed.  I,  m.  5. 

*  The  official  arrangement  and  condition  of  these  Records  is  well  described  in  Scargill- 
Bird's  Guide  and  in  the  official  lists  which  give  an  inventory  of  the  whole  collection. 

*  Hundred  Rolls  (Record  Commission),  i.  102,  De  ceteris  artiadis  nihil  sciutit  nisi  quod 
dicitur  in  rotulo  de  Ministris  Regis  et  aliis.  Cf.  Palgrave,  Kalendars,  i.  95  umts  rotulus  de 
diversis  articulis  ad  inquirendum  super  Ministris  Regis  cuin  copia  cujusdam  brevis  stiper 
declaratione  prcedidorum  articuloriim. 

^  These  proceedings  are  distinguished  in  the  writ  itself  by  the  use  of  the  word  iftsuper. 
The  articles  also  are  for  the  most  part  presented  en  bloc  and  are  very  frequently  ignored. 

*  Cf.  Extract  Hundred  Rolls,  No.  4,  and  Miscellanea  of  the  Exchequer  ^\.  Perhaps  the 
Articles  printed  in  Bracton,  n.  Appx.  ii.  are  connected  with  the  same  proceedings. 


Royal  Surveys,  Inquisitions  and  Assessments         303 

"  Rageman^"  It  would  appear  therefore  that  at  a  certain  point  the 
procedure  relating  to  the  punitive  inquisitions  De  ministris  breaks  off 
from  that  relating  to  the  fiscal  inquisitions  which  chiefly  figure  in  the 
existing  Returns.  A  similar  distinction  may  be  observed  in  the  case 
of  the  Quo  Warranto  and  "  Rageman  "  pleadings  amongst  the  Assize 
Rolls,  the  former  relating  to  the  fiscal  and  the  latter  to  the  punitive 
Articles  of  the  inquisitions  of  1274  and  1279^ 

The  origin  and  relations  of  the  further  inquisition  of  1279  which 
forms  part  of  the  "  Hundred  Rolls  "  collection  are  still  more  obscure. 
The  connexion  of  this  group  with  the  Statutes  of  Westminster  and 
Gloucester  and  with  the  Quo  Warranto  plea  rolls  has  been  generally 
assumed,  but  in  many  respects  this  inquest  may  be  regarded  as  an 
isolated  ministerial  measure  designed  to  carry  out  on  a  larger  scale  the 
earlier  inquisition  Dejuribus  et  libertatibus  of  the  year  1255  as  well  as 
the  corresponding  articles  of  1274.  The  special  reference  of  this  later 
inquisition  to  the  feoda  and  feodalia  of  the  Crown  can  thus  be  easily 
appreciated^  From  this  date  the  origin  and  political  significance  of 
the  "Chapters  of  the  Eyre"  are  lost  to  sight  in  the  purely  conventional 
form  of  the  judicial  proceedings  which  will  be  referred  to  elsewhere*. 
With  the  enlarged  scope  of  the  judicature'  compared  with  the  fitful 
operations  of  the  earlier  itinerant  justices  there  was  no  longer  need  for 
special  ministerial  action  in  such  cases.  Moreover  it  must  be  remem- 
bered that  the  new  importance  of  the  statutory  inquisitions  between 
1255  and  1279  does  not  imply  the  disuse  of  the  older  system.  In  any 
case  during  the  succeeding  period  we  find  the  "New  Chapters  of  the 
Eyre"  ably  administered  by  the  justices  as  a  supplement  to  the  "  Old 

'  Stat,  of  the  Realm,  i.  44.  This  statute  distinctly  refers  to  an  inquisition  on  Articles  to 
be  delivered  to  the  justices.  The  very  title  of  the  Statute  is  borrowed  from  an  inquisitional 
fonn,  i.e.  the  seals  affixed  to  "the  original  Inquisitions  (cf.  Halliweil,  Dictionary,  s.  v.).  For  the 
contents  of  the  original  Baga  cU  Ragemannis  see  D.  K.  i)th  Report.  Another  use  of  the 
term,  however,  occurs  in  Rot.  Pari.  III.  432,  where  we  read  of  "Ragman,"  or  chartes  blaruhes, 
but  the  allusion  may  be  to  blank  indentures  executed  under  the  seals  of  the  parties. 

*  It  is  possible  that  a  more  or  less  distinct  enquiry  was  made  regarding  encroachments  on 
royal  franchises,  cf.  Miscellanea  of  the  Exchequer  ^5. 

'  I'at.  7  EkJ.  I,  m.  ii"".  The  Formajuramenti  is  appended  but  not  the  Forma  Iftquisitionis 
which,  however,  can  l)e  easily  gathered  froni  the  printed  Returns  in  vol.  11.  of  the  Record 
edition  of  the  "Hundred  Rolls."  The  Writ  indicates  that  the  Returns  were  to  l)e  entered  in 
"books"  supplied  to  the  commissioners  for  the  purpose,  but  thefe  seems  to  be  no  evidence 
that  these  were  actually  used  although  the  exclusive  character  of  the  Returns  might  easily 
have  suggested  their  employn»ent  in  preference  to  the  narrow  rolls  which  have  sur\'ived  in 
connexion  with  the  inquisitions  of  1155  ^^'^  '^74-  '^"^  as  we  only  have  the  Returns  fur 
five  counties  no  general  conclusion  on  this  point  is  possible. 

*  Below,  p.  318. 

*  Stat.  IVestM.  (1)  1185.  During  the  stormy  reign  of  Edward  II  the  political  inquisition 
yems  to  crop  up  again,  cf.  Pat.  14  Ed.  II,  Pt  1,  m.  13''. 


304         Royal  Surveys,  Inquisitions  and  Assessments 

Chapters,"  until  the  increasing  activity  of  the  Court  of  Exchequer  and 
the  new  procedure  of  the  Chancery  and  Council  gradually  curtailed 
the  peculiar  functions  of  the  itinerant  justices  in  this  direction^ 
Political  or  statutory  inquisitions  of  a  special  kind,  in  no  way  con- 
nected with  the  above  procedure,  are  represented  during  the  later 
Edwardian  period  by  such  well-known  records  as  "  Kirkby's  Quest-" 
(1285)  and  the  "Nomina  Villarum"  (1316).  Of  these  the  former 
is  chiefly  associated  with  returns  of  feudal  services,  but  it  has  been 
clearly  shown  that  one  of  the  chief  objects  of  this  inquisition  was 
to  account  for  out-standing  Exchequer  tallies  according  to  the 
directions  issued  in  the  Statute  of  Rhyddlan*  (1284).  The  essential 
parts  of  this  inquisition  are  well-preserved ^  namely  the  Writ,  the 
separate  Form  of  Inquisition  and  the  Returns  now  chiefly  represented 
by  later  transcripts.  The  pleadings  connected  with  this  inquisition 
are  represented  by  a  few  miscellaneous  Assize  Rolls^ 

The  record  known  as  "Nomina  Villarum"  has  also  a  regular  diplo- 
matic construction.  The  Writ  is  enrolled"  and  is  also  recited  in  the 
heading  of  the  Return,  but  owing  to  the  simple  character  of  the 
information  required  there  was  no  need  here  for  separate  articles.  The 
Returns  in  this  case  also  are  preserved  only  in  the  form  of  later 
transcripts^  and  a  statutory  origin  can  again  be  found  for  these 
proceedings*. 

Besides  these  inquisitions  of  an  administrative  character,  others 
were  taken  during  the  13th  and  14th  centuries  to  discover  the  forfeited 
estates  of  political  offenders.  Of  these  the  Returns  to  the  inquisitions 
concerning  the  "  Lands  of  the  Normans  and  Britons,"  forfeited  by 
reason  of  the  tenants'  adherence  to  a  French  suzerain,  may  be  found 
scattered  throughout  the  feudal  inquests  of  the  first  half  of  the  13th 

^  Cf.  below,  p.  319,  for  the  use  of  both  series  in  the  same  presentment.     The  political 
inquisitions  which  followed  this  procedure  were  superseded  by  the  special  commissions  issued 
by  the  Exchequer  and  Chancery  during  the  Tudor  and  Stuart  periods  whilst  the  Council  and . 
Secretariat  also  played  a  leading  part  in  such  enquiries. 

^  An  admirable  description  of  the  MSS.  and  procedure  connected  with  this  measure  will 
be  found  in  the  Preface  to  the  Rolls  Calendar  of  Feudal  Aids,  vol.  I.  p.  viii  sq. 

*  Stat,  of  Realm,  i.  69.  An  original  unprinted  fragment  of  the  proceedings  of  the 
commissioners  in  Cornwall  will  be  found  in  L.  T.  R.  Miscellaneous  Rolls  ^.  This  shows 
the  procedure  with  regard  to  tallies.  These  entries  can  actually  be  identified  in  an  existing 
Assize  Roll  (see  below,  p.  325  n.  3). 

•*  For  the  texts  and  literature  concerning  the  same,  see  Feudal  Aids,  I.  c.  A  specimen  of 
a  complete  return  for  a  single  Hundred  is  printed  here  on  page  86. 

^  e.g.  Nos.  116  and  194. 

•*  Close  9  Ed.  II,  m.  i6<'. 

^  Cf.  Palgrave,  Pari.  Writs,  II.  (iii)  (Intro.)  :  Feudal  Aids,  vol.  I.  (Intro.)  and  Surtees 
Society's  Publications ,  vol.  49. 

*  Statutes  of  the  Keahn,  i.  174.  « 


Royal  Surveys,  Inquisitions  and  Assessments        305 

century',  but  no  regular  sequence  of  diplomatic  instruments  is  here 
preserved  ^ 

The  Records  relating  to  the  confiscated  property  of  the  Jews'  and 
Templars^  chiefly  take  the  form  of  Accounts,  though  the  inquisition  of 
Templars'  Corrodies  in  1307 — 8'  gives  us  an  interesting  diplomatic 
formula.  Of  far  greater  value  for  the  purpose  of  diplomatic  study 
is  the  inquisition  "  De  Rebellibus"  taken  in  1265,  which  preserves  the 
royal  Writ,  the  Form  of  Inquisition,  in  the  shape  of  distinct  capitula, 
and  the  Returns  in  their  original  form",  together  with  certain  pleadings 
thereon'. 

In  the  case  of  two  later  famous  inquisitions  of  the  same  nature 
relating  to  the  " Contrariants "  of  1322*  and  the  "forfeitures"  {De 
forisfacturis)  of  1386 — 89*  respectively,  the  bulk  of  the  existing 
Records  will  be  found  to  consist  of  Accounts. 

Here  again,  however,  the  Returns  of  several  political  inquisitions 
of  consideralDle  importance  no  longer  exist'",  whilst  others  appear 
to  be  rather  of  the  nature  of  judicial  pleadings"  though  clearly 
connected  with  some  special  enquiry.  Amongst  the  latter  may  be 
mentioned  the  so-called  "  Trailbaston "  proceedings  and  a  more 
obscure  inquisition,  De  malefactoribus^'^,  arising  out  of  a  protracted 


'  Cf.  Testa  de  Nevill  (passim)  and  Hunter,  Rotuli  SelecH,  p.  259  sq. ,  cf.  also  the 
Extents  of  Alien  Priories,  &c.  from  Edward  III  onwards  amongst  the  Exchequer  Accounts. 
For  the  formula  of  these  Extents  a  specimen  of  24  Edward  I  from  K.  R.  Exchequer  Accounts 
will  be  printed  in  Formula  Book,  Part  il. 

*  A  few  Writs  and  Returns  in  the  form  of  Extents  will  be  found  amongst  the  Chancery 
Miscellaneous  Inquisitions. 

*  Cf.  Scargill- Bird's  Guide ;   Transactions  of  the  Anglo-Jewish  Historical  Society,  Vol.  3. 

*  Chancery  Miscellaneous  Rolls  |J;  L.  T.  R.  Miscellaneous  Accounts  18 — 1\, 
Monasticon,  vi.  813  sq.  For  the  formula  preserved  in  the  Petitions  for  Templars'  Corrodies 
see  below,  p.  324. 

*  Cole,  Select  Documents,  p.  139. 

*  Cf.  Pat.  49  Hen.  Ill,  m.  9*1.  The  Returns  are  preserved  amongst  the  Chancery 
Miscellanea  (under  arrangement).  In  addition  to  these  there  is  a  valuable  belated  Return  for 
Kent  amongst  the  Miscellaneous  Inquisitions  of  the  Chancery  f  f . 

'  Hunter,  Rotuli  Selecti,  p.  105. 

'  L.  T.  R.  Enrolled  Accounts,  Nos.  13,  14,  18.  The  Writ  and  Form  of  Inquisition  will 
be  found  in  Pat.  15  Edw.  II,  Pt.  1,  m.  11''  and  some  Returns  are  placed  with  the  "Ancient 
Extents"  (Exchequer  K.  R.). 

*  But  no  trace  remains  of  the  inquisition  referred  to  in  Pat.  it  Ric.  II,  Pt.  1,  m.  aj**,  id^. 
"*  e.g.  the  inquisition  of  1 340  following  the  disgrace  of  the  great  officers  (cf.  Stublw,  C.  H. 

II.  404).     The  writ  is  entered  in  the  Patent  Roll  14  Edward  III,  Pt.  3,  m.  3  and  m.  8''. 

"  See  below,  p.  321. 

"  Cf.  Pat.  33  Edw.  I,  m.  10'',  m.  14'',  m.  23''  and  35  Edw.  I,  m.  16''.  The  jurors  who 
present  the  Chapters  of  the  Eyre  for  Surrey  in  1307  (cf.  l)elow,  p.  319  n.),  allege  in  respect  of 
the  olwervance  of  the  Statute  of  Winchester  that  proceetlings  under  this  statute  are  reserved 
for  the  justices  of  Traill>aston. 

H.  20 


3o6        Royal  Surveys,  Inquisitions  and  Assessments 

enquiry  concerning  the  due  observation  of  the  Statute  of  Winchester \ 
Again  in  the  case  of  the  famous  "  Robbery  of  the  Treasury"  in  1303, 
we  find  the  inquisition  used  for  the  purpose  of  a  State  triaP. 
From  the  close  of  the  13th  century,  as  we  have  seen,  the  old 
inquisitorial  procedure  of  the  eyre  was  largely  utilized  for  fiscal 
and  political  enquiries  alike  ^  though  traces  of  special  inquisitions 
can  still  be  found  down  to  the  15th  century.  Thenceforth,  as  we 
have  also  seen,  we  have  to  do  with  a  new  procedure  devised  by  the 
Chancery  and  the  Exchequer. 

In  these  "  Special  Commissions "  of  a  later  period  the  same 
diplomatic  construction  is  still  preserved.  There  is  a  Writ,  now 
styled  a  commission,  together  with  separate  Articles  of  enquiry  and 
more  or  less  voluminous  Returns.  Connected  with  these  we  may 
have  Pleadings  and  Accounts  as  formerly.  Of  this  nature  are  the 
numerous  and  often  important  inquisitions  and  political  "surveys" 
of  the  Tudor  and  Stuart  periods,  represented  by  such  Records  as 
the  two  great  inquisitions  of  Depopulation  through  inclosures,  in 
15 17  and  1605  ^  and  the  Parliamentary  surveys  of  Crown  and  Church 
lands  under  the  Commonwealth^  together  with  inquisitions  of  forfeited 
estates  extending  as  late  as  the  Jacobite  rebellions  of  the  i8th 
century*.  Occasionally  these  special  inquisitions  appear  to  be  grafted 
on  to  the  ancient  procedure  of  the  leet,  and  an  archaic  effect  is  pro- 
duced which  reminds  us  of  the  antiquity  of  these  devices  of  local  and 
ministerial  government  ^ 

^  Statutes  of  the  Realm,  I.  245.  This  ordinance  has  actually  been  regarded  as  a  statute  of 
34  Edvv.  I  under  the  title  of  Artictili  inqiiisitionis  super  Statutum  Wytttonia:.  The  pjoint  of  con- 
tact with  the  "  Trailbaston  "  enquiry  is  perhaps  seen  in  the  form  of  enquiry  Quando  observatur 
et  in  quibus  \<:asibus'\  non  ;  et  qui  noluerunt  observari,  ant  qui...observari  natt  penniserunt,  if 
we  may  regard  the  system  of  "  Trailbaston  "  as  one  of  intimidation. 

^  Palgrave,  Kalendars,  I.  Appx. 

*  Cf.  the  order  for  inquisitions  to  be  mz-de  per  Justitiarios  ad  assisas  in  Pat.  25  Edw.  Ill, 
Ft.  I,  m.  23'',  and  the  case  of  the  State  Trials  of  1289  (R.  Hist.  S.  Camden,  3rd  Ser.  Vol.  IX.). 
A  supplementary  procedure  was  available  with  the  institution  of  the  Justices  of  the  Peace 
under  Edward  III,  as  seen  in  the  cases  connected  with  the  Statute  of  Labourers. 

*  Ed.  Leadam  in  the  Dofiiesday  of  Enclosures  (R.  Hist.  See);  cf.  E.  F.  Gay  in  Trans- 
actions R.  Hist.  Soc.  XIV  and  xviii. 

^  Cf.  D.  K.  1th  Report,  Appx.  il.  224. 

*  Petty  Bag,  "Forfeited  Estates." 

^  Miscellaneous  Surveys  of  the  Ordnance  Department  (cf.  Ordnance,  Miscellanea,  1073). 


ROYAL   ACCOUNTS. 

The  ancient  system  of  Account  known  by  the  comprehensive 
title  of  the  Compotus  can  be  clearly  shown  to  have  existed  con- 
temporaneously with  the  diplomatic  writings  in  use  under  the 
civilization  of  the  later  Roman  Empire  ^ 

It  is  true  that  the  persistent  employment  of  the  symbols  known  as 
Dicae,  tallies,  and  nmnerales  acervi  ("jettons")  down  to  a  comparatively 
modern  period  would  seem  to  indicate  an  aversion  from  clerical 
accounts  in  the  archaic  practice  of  the  Exchequer  itself.  It  is  not, 
however,  in  this  direction  that  we  shall  find  the  connecting  links 
between  the  practice  of  the  royal  Exchequer  in  England  in  the  12th 
century  and  the  continental  system  from  which  the  diplomatic 
arrangement  of  the  conventional  Account  must  be  derived. 

The  practical  necessity  of  administering  princely  estates  by  some 
closer  system  of  reckoning  than  that  of  the  notched  stick  gave  rise  to 
an  official  formula  which  is  the  characteristic  feature  of  the  manorial 
Account  evolved  from  the  agrarian  survey  of  the  6th  century.  Here 
a  Descriptio  of  the  tenement  is  combined  with  an  Imbreviatio  of  the 
stock,  both  being  ascertained  by  means  of  a  sworn  Inqiiisitio'^. 

But  besides  these  periodical  valuations,  we  have  references,  under 
the  Prankish  system,  to  yearly  manorial  accounts  in  which  the 
Receipts,  Disbursements  and  Balance  are  carefully  distinguished*. 
In  this  distinction  we  may  recognize  the  germ  of  the  later  con- 
ventional manorial  account  which  is  arranged  on  a  similar  plan 
for  entries  of  stock  or  cash*.  The  connexion  between  the  two  types 
cannot  indeed  be  traced  in  existing  documents  between  the  loth 

*  Cf.  G.  Friedlein,  Die  Zahlzeicheti,  &"€.  vom  7  bis  \ijahrhunderl  \  Dialogus  (Clarendon 
Press),  Intro,  p.  39. 

*  Cf.  al)ove,  p.  a8i  s*].,  and  for  the  technical  significance  o{  imbreviare,  p.  191  sq. 

*  Mon.  Gcrtti.  {I.cj^s),  p.  174  sq.     Cf.  Assize  of  Northampton  (1176),  Art.  10. 

•*  Cf.  the  Winchestn-  Pipe  JioU,  no8 — 9  (1901),  p.  vii.     In  the  conventional  Minister's 
Account  of  a  later  period  the  cash  account  is  on  the  front  and  the  stock  account  on  the  dorse. 

20 — a 


3o8  Royal  Accounts 

century  and  the  middle  of  the  I2th^;  but  the  loss  of  earlier  manorial 
accounts  is  not  altogether  surprising.  The  Account,  regarded  as  a 
diplomatic  document,  the  Return  made  to  a  Writ  of  summons  or 
inquisition,  is  broadly  distinguished  from  literary  Returns  by  the 
presence  of  appropriate  formulas  based  on  the  tripartite  arrangement 
above  referred  to.  The  terminology  of  the  Account  naturally  varies 
according  to  the  subject-matter  and  the  period  of  its  execution  ; 
but  whatever  may  be  its  official  character  or  date,  every  account  will 
normally  contain  the  following  divisions^: 

1.  The  Heading,  or  Title,  setting  forth  the  subject  of  the  Account, 
its  date  or  locality,  the  name  and  capacity  of  the  accountant  and, 
in  a  later  period,  a  reference  to  the  royal  Writ  to  which  the  Return  is 
made  I 

2.  The  Arrears  of  the  last  Account  (if  any)  and  how  disposed  of. 

3.  The  Charge  {Otieratid)  for  the  Receipts,  Imprest,  or  Profits 
for  which  the  accountant  is  required  to  answer.  These  are  set  out 
by  items  of  value  or  quantity  at  the  several  dates  of  receipt,  and  the 
total  follows,  marking  the  first  stage  in  the  tripartite  division  above 
referred  to. 

4.  The  Discharge,  .sometimes  distinguishing  between  cash  paid  in 
and  Disbursements  and  Allowances  authorized  or  customary,  showing 
the  respective  totals  and  the  sum  total. 

5.  The  Balance  or  result  of  the  subtraction  of  the  Expenditure 
from  the  Receipts,  indicating  by  a  three-fold  formula  whether  the 
Accountant  is  "  quit,"  or  "  indebted,"  or  possessed  of  a  surplus  *. 

It  will  be  evident  that  this  normal  construction  of  an  Account, 
with  the  many  variants  which  occur  ^  affords  considerable  scope  for 

'  The  manorial  accounts  of  Bishops'  Temporalities  entered  in  the  Pipe  Rolls  of  Henry  II. 
The  admissibility  of  the  loth  century  inventory  of  Beddington  {C.  S.  618)  has  been  previously 
referred  to  (p.  282). 

*  For  a  more  detailed  analysis  of  a  manorial  account  see  Winchester  Pipe  Roll  {Intro- 
duction). 

*  In  the  Declared  Accounts  of  the  Pipe  and  Audit  Offices,  the  Writ  (of  Privy  Seal)  is 
usually  recited  in  extenso.  In  the  case  of  the  process  of  the  Exchequer,  the  Writ  of  Summons 
was  actually  issued  and  may  even  be  regarded  as  the  most  ancient  form  of  an  official  v/x'\t  de 
cursii,  but  in  other  cases  the  appearance  of  the  accountant  at  the  audit  and  the  oVjligation  of 
presenting  an  Account  at  certain  terms  seem  to  have  been  understood  without  the  issue  of  an 
official  reminder.  Moreover,  the  issue  of  the  writs  de  cwsti,  above  referred  to,  was  requisite 
in  order  to  put  in  charge  accruing  debts  which  were  appended  as  a  schedule. 

*  When  the  Account  showed  a  normal  excess  of  receipts  over  expenditure  the  clear  profit 
made  was  frequently  indicated  by  the  word  Clarum  or  Remanet.  In  other  cases  this  profit 
was  anticipated  by  a  system  of  "  assignment  "  as  to  which  see  Sir  J.  H.  Ramsay,  Antiquary, 
Vols.  I.  IV.  VI.  VHI.  X.  XIV.  XVI.  xviii.  and  H.  Hall,  Customs  Revenue,  II.  185. 

'  In  the  case  of  the  Exchequer  Pipe  Rolls  a  precise  charge  is  not  always  formulated,  but 
may  be  inferred  from  the  balance  declared  after  a  statement  of  disbursements  and  allowances, 


Royal  Accounts  309 

conventional  terms  and  formulas  of  a  quasi-diplomatic  nature'.  This 
aspect  of  the  Account  may  be  also  modified  by  the  technical  or  official 
form  in  which  it  is  presented. 

Usually  every  Account  passed  through  several  stages  of  preparation 
or  declaration  which  may  be  enumerated  as  follows : 

1.  The  Particulars  of  the  final  Account,  contained  in  the 
accountant's  ledger  or  day-book,  or  in  the  separate  Returns  of  sub- 
accountants^  These  were  usually  annexed  to  the  final  Account  in 
the  shape  of  vouchers  which  are  rarely  preserved. 

2.  The  Original  (final)  Account  above  referred  to*. 

3.  "Estreats"  and  "Parcels"  of  Accounts  in  the  form  of  abstracts 
communicated  or  preserved  for  official  information'*. 

4.  The  Enrolment  of  the  Original  Accounts  in  a  continuous 
series  for  the  purpose  of  an  audit  or  for  official  reference*. 

5.  Entries  or  compilations,  usually  in  book  form,  to  serve  as 
precedents  or  for  statistical  purposes*. 

In  connexion  with  this  sequence  of  forms  there  are  several  other 
types  of  a  subsidiary  nature",  and  in  the  case  of  certain  sources  of 
receipt  or  disbursement  the  Account  may  assume  a  narrative  and 
literary  form*.  Again  it  is  often  difficult  to  distinguish  between 
a  mere  Account  and  certain  forms  of  Inventories,  Taxations  and 
Assessments  which  are  usually  classified  with  diplomatic  Records'. 

each  item  Ijeing  separately  accounted  for  (cf.  Cunningham,  Iitdttstry,  i.  158;  H.  Hall, 
Antiquities  of  the  Exchequer,  p.  143  sq.  and  Dialogus  (Oxford  ed.),  p.  51. 

1  For  some  of  these  see  Winchester  Pipe  Roll,  loc.  cit.  and  Pipe  Roll  Society's 
Publications,  Vol.  in.     For  the  terminology  of  the  Audit  cf.  Antiquities  of  the  Exchequer, 

p-  135  sq- 

*  Thus  a  manorial  liailiff's  Account  was  usually  compiled  from  the  Returns  made  by 
sulxjrdinate  accountants  like  the  flock-master,  granger,  &c.  In  the  Exchequer  itself  the 
"day-books"  on  the  Receipt  side  served  as  vouchers  for  Accounts  presented  for  audit. 

*  Represented  by  the  great  class  of  "Exchequer  Accounts."  The  Visus  compoti,  or 
interim  Account,  can  scarcely  lie  regarded  as  a  distinct  form. 

*  e.g.  Estreats  of  amerciaments  (extracta  debitorum),  "Parcels  of  the  Pipe"  and  the  Peiies 
parcellarum  amongst  later  Records. 

*  For  a  description  of  these  see  Public  Record  Office  Indexes  and  Lists,  "  Foreign 
Accounts,"  Introduction. 

*  e.g.  The  Abstracts  of  the  Pipe  Rolls  in  the  Ked  Book  of  the  Exchequer  and  the 
conventual  accounts  in  the  "Miscellaneous  Books"  of  the  Augmentation  Office.  Previous 
to  the  reign  of  John  these  were  proljably  in  the  form  of  Rolls.  The  lost  Records  known  as 
the  Rotulus  Exactoriiis  and  the  Danegeld  Roll  were  of  this  nature. 

^  These  include  some  deposited  documents.  It  was  not  till  the  15th  or  16th  century  that 
variants  of  the  universal  Compotus  were  familiarly  designated  as  "  Inventories,"  &c. 

*  e.g.  the  Fine,  Imprest,  Misic  and  similar  memoranda  of  the  Chancery. 

*  e.g.  Inventories  of  Jewels.  Plate  and  Records;  tl»c  Taxation  of  1191  and  certain  assess- 
ments for  Parliamentary  Subsidies  and  Knight's  Service ;  also  special  Inquisitions  such  as  the 
well-known  Extents  of  Templars'  &c.  lands. 


3IO  Royal  Accounts 

Finally  it  may  be  noticed  that  the  royal  Writ  employed  in 
connexion  with  these  Records  assumes  several  recognized  forms 
according  to  the  occasion  of  its  issue.  Thus  the  Writs  which  precede 
the  Return  made  in  the  Account  are  those  of  Summons^  or  Assign- 
ment^ of  various  kinds.  Also  every  order  or  writ  of  allowance  must 
be  produced  as  a  voucher  at  the  audit  of  the  Account^.  Finally  there 
are  the  writs  of  execution  or  special  pardon  which  might  be  issued  in 
consequence  of  the  accountant's  indebtedness  ^. 

In  spite  of  the  presence  of  precise  and  technical  formulas  in  the 
conventional  type  of  account  described  above,  the  title  has  been 
somewhat  loosely  applied  to  a  large  mass  of  Exchequer  Records 
which  includes  such  utterly  dissimilar  forms  as  Diplomata,  Letters, 
Inquisitions  and  Returns,  Certificates,  and  even  Pleadings.  In  one 
aspect  indeed  these  documents  may  fairly  be  regarded  as  Accounts, 
since  they  can  convey  the  same  information  in  a  diplomatic,  epistolary 
or  narrative  form*.  Reference  has  already  been  made  to  the  difficulty 
that  is  frequently  experienced  in  distinguishing  between  true  Accounts 
and  the  statistical  forms  of  certain  agrarian  and  feudal  surveys  and 
inquisitions,  but  here  we  approach  more  nearly  to  the  common  origin 
of  these  two  sections  of  our  ministerial  Records. 

1  Dialogus,  n.  I.     Cf.  Bigelow,  Procedure,  on  this  subject  and  above  p.  308  n. 

^  Local  supply  writs  entered  in  the  Close  Rolls. 

'  e.g.  the  writs  of  Allocate,  Computate,  &c.     Cf.  Dialogus,  i.  vi. 

*  Entered  in  the  Memoranda  Rolls  of  the  Exchequer  and  in  the  Patent,  Close  or  Liberate 
Rolls  respectively. 

*  Cf.  the  well-known  narrative  account  of  Richard  de  Anesti  (ed.  Palgrave,  Common- 
wealth') and  the  Returns  of  knights'  fees  in  the  Exchequer  Feodaries. 


JUDICIAL    PROCEEDINGS. 

(a)    Judicial  Records. 

Amongst  the  many  legal  terms  that  have  passed  into  the 
vocabulary  of  mediaeval  history,  few  are  more  familiar  than  the  title 
which  is  somewhat  indiscriminately  bestowed  on  the  more  ancient 
Archives  of  the  State. 

In  a  legal  sense,  the  "  Record  "  has  a  purely  technical  significance, 
but  as  a  conventional  expression  it  stands  for  the  purest  sources 
of  history.  If  we  wish  to  know  the  meaning  of  the  term  in  its  legal 
aspect,  we  shall  find  a  learned  and  indisputable  definition  in  some 
ancient  commentary.  But  if  we  ask  the  further  question  "  when 
were  judicial  pleadings  first  recorded  in  this  country,  and  what  was 
their  earliest  form  and  object  ?  "  an  answer  will  not  be  easily  forth- 
coming. 

It  is  true  that,  from  one  point  of  view,  the  earliest  extant  form  of 
a  judicial  Record  is  seen  in  the  royal  charter  which  was  admitted 
as  an  evidence  of  title  and  which  even  served  as  a  medium  for 
recording  judicial  pleadings.  Several  interesting  reports  of  cases, 
which  in  a  later  period  would  have  been  duly  recorded  in  the  Plea 
Rolls,  are  imbedded  in  the  texts  of  Anglo-Saxon  and  Anglo-Norman 
charters'.  Narratives  of  law-suits  which  remind  us  at  one  time  of  the 
famous  pleadings  on  Pendon  Heath,  and  at  another  time  of  the 
adventurous  litigation  of  Richard  de  Anesti,  have  been  preserved 
from  the  8th  century  onwards,  besides  a  considerable  number  of 
official  writs,  and  a  few  inquisitions,  licences  and  oblations.  Naturally 
the  authentication  of  these  evidences  is  not  always  complete.  A  few 
are  preserved  in  contemporary  and  presumably  genuine  charters, 
others  in  cartularies  of  both  good  and  bad  repute.  Such  as  they  are, 
however,  they  have  been  freely  used  to  illustrate  the  legal  procedure 
of  the  Anglo-Norman  period'. 

'  C  S.  378,  386,  387,  574,  575,  591,  1063,  1064,  1097;  C.  D.  758.     For  the  composition 
between  the  churches  of  Canterbury  and  York  in  1071,  see  Wilkins,  CotuHioy  s.  a. 
'  Bigelow,  Placita  Anglo- Normannua  (passim). 


312  Jtidicial  Proceedings 

In  one  respect,  indeed,  these  diplomatic  documents  may  be 
regarded  as  Records  of  consequence,  for  a  grant  contained  therein 
was  treated  by  the  courts  as  res  judicata  in  spite  of  the  purely 
evidential  nature  of  the  instrument  itself.  At  the  same  time  it  may 
seem  somewhat  futile  to  regard  the  Old  English  "  land-bocs "  and 
writs  as  a  species  of  primaeval  Record.  To  do  so  might  tempt  us  to 
ignore  the  obvious  distinction  between  the  opportune  production 
of  many  of  these  evidences  and  the  systematic  registration  of  royal 
grants,  or  private  deeds,  or  the  judicial  conventions  framed  upon 
a  diplomatic  model,  whereby  land  is  securely  held  or  easily  conveyed 
in  a  later  period. 

Setting  these  diplomata  aside,  we  have  still  to  discover  the  earliest 
date  which  can  be  assigned  to  the  actual  Records  of  the  courts  of  law. 
Here  we  must  distinguish  between  the  judicial  proceedings  recorded 
in  official  enrolments  and  the  private  reports  of  certain  famous  Placita 
which  have  been  preserved  in  monastic  registers  ^  The  reports  in 
question  have  been  generally  accepted  by  historians  ;  but  it  must 
not  be  forgotten  that  they  are  merely  ex  parte  versions  of  the  alleged 
proceedings,  in  most  cases  compiled  long  after  the  date  of  the  events 
which  they  commemorate.  Moreover,  in  some  cases  at  least,  the 
veracity  of  these  relations  is  seriously  impugned  by  the  character  of 
the  charters  which  have  been  introduced  as  the  subject-matter  of 
reputed  pleadings. 

Possibly  a  certain  number  of  these  narratives  may  give  a  true 
though  confused  version  of  the  judicial  procedure  employed.  Again 
it  might  be  alleged  that  the  charters  cited  therein,  however  glaringly 
false,  would  have  been  accepted  without  demur  by  the  courts  in 
a  later  age  and  recorded  in  their  official  enrolments.  In  any  case 
these  picturesque  relations  would  appear  to  have  been  accepted  by 
most  modern  writers  without  any  suspicion  of  a  possible  motive  for 
their  composition. 

It  is  generally  agreed  that  the  Rolls  of  the  King's  Court  date  only 
from  the  reign  of  Richard  I,  just  as  we  have  learnt  that  the  enrolments 
of  the  Chancery  begin  with  the  reign  of  John  ;  whilst  no  judicial 
proceedings  of  the  Court  of  Exchequer  have  been  identified  before 
the  reign  of  Henry  HI. 

Of  course  we  have  Domesday  Book,  with  its  Appendix  of 
"Claims"  and  its  incidental  references  to  pleadings,  the  exact  value 
of  which  as  precedents  for  curial  procedure  it  has   not  been   found 

^  e.g.  of  Rochester,  Worcester  and  Ely,  together  with  Chronicles  like  those  of  Abingdon, 
Ramsey  and  Battle. 


Judicial  Proceedings  313 

easy  to  determine'.  Again  we  have  further  references  in  the  Great 
Rolls  of  the  Exchequer  which  at  least  afford  the  presumption  of  an 
organized  machinery  of  justice  in  the  reign  of  Henry  I  though 
obviously  this  cannot  be  regarded  as  continuous. 

The  date  of  the  "earliest  recorded  plea"  has  been  the  subject 
of  several  learned  and  interesting  speculations  in  recent  years^ 
Certainly  no  original  pleadings  earlier  than  the  reign  of  Richard  I 
are  known  to  exist,  but  a  plea-roll  of  the  year  1207  recites  the  record 
of  a  case  heard  in  Hilary  term  of  the  27th  year  of  Henry  H,  which 
has  been  identified  with  that  year^  This  belated  reference  will 
remind  us  of  the  existence  of  certain  "  Rolls  of  justices  itinerant " 
alluded  to  in  the  Dialogus*,  though  we  have  been  warned  against 
attaching  a  conventional  meaning  to  a  title  which  may  possibly  refer 
to  mere  lists  of  amercements'. 

In  the  case  of  the  "  Fines  "  of  the  King's  Court,  which  have  already 
been  traced  back  to  the  year  1175,  it  is  also  necessary  to  distinguish 
between  official  rescripts  which  have  been  continuously  filed  in  oflFicial 
custody  and  the  private  copies  of  alleged  judicial  Concords  which 
occur  in  certain  monastic  registers  for  a  still  earlier  date*.  The  exist- 
ence of  these  entries,  however,  coupled  with  the  notices  of  judicial 
Concords  found  in  the  Pipe  Rolls  prior  to  the  reign  of  Richard  I  and 
the  fact  of  the  great  antiquity  of  the  Concord  or   Convention   as 

*  It  is  noteworthy  that  as  long  ago  as  1886  Mr  J.  H.  Round  in  a  remarkable  paper  in 
Domesday  Studies  (Vol.  11.  p.  539  sq.)  pronounced  a  decided  opinion  in  favour  of  the  judicial 
character  of  these  proceedings.  The  "reconstruction,"  by  the  same  learned  writer,  of  the 
Worcester  law-suit  (1081 — 86)  and  other  early  pleadings  is  referred  to  below,  p.  311. 

'  E.  H.  R.  XI.  102,  and  below  n.  6. 

'  Select  Pleas  of  the  Crown  (Selden  Soc.),  pp.  xxvi — xxviii.  Mr  Round  in  Donusday 
Studies  (11.  548)  adduces  a  reference  from  the  Colchester  charter  of  Richard  I  to  Inquisitions 
taken  liefore  the  justices  itinerant  in  this  reign. 

*  Dialof^us,  II.  i. 

'  History  of  English  Law  (Pollock  and  Maitland),  I.  135,  n.  a.  It  might  still  Iw  urged 
with  considerable  diffidence,  that  the  Rolls  referred  to  in  the  above  passage  of  the  Dialogus 
must  have  l)een  something  more  than  mere  lists  of  amerciaments,  as  we  are  told  that  these  h.id 
to  be  picked  out  from  the  Rolls  at  the  Exchequer.  In  a  later  period  such  lists  (estreats)  of 
amerciaments  were  separately  returned.  Again,  we  know  now  that  these  amerciaments  were 
entered  as  aUivc  in  the  Exchequer  Receipt  Roll,  and  the  Pij>e  Roll  of  1 185  tells  us  that  the 
record  from  which  they  were  derived  made  mention  of  the  "causes"  of  amerciaments /r<; 
forestd.  It  is  certainly  difficult  to  read  the  story  of  Richard  de  Ancsti's  law-suit  without 
supposing  that  some  record  of  judicial  pleadings  was  jirescrvcd  Iniforc  1159.  A  later  and 
clearer  allusion  is  to  Iw  found  in  a  passage  of  the  Kotuli  de  Dominahiis  (below  p.  313,  n.  7). 

"  Cf.  J.  n.  Round  in  Feudal  England,  p.  509,  and  E.  H.  R.  xii.  193;  F".  W.  Maitland 
in  Select  Pleas  of  the  Cro7t>n  (Selden  Soc.),  pp.  xxvi— xxviii;  Pollock  and  Maitland,  History 
of  English  I.aiu,  n.  96,  n.  5  ;  E.  M.  Poynton  in  E.  H.  R.  xvii.  iSj,  and  Gentalogist.  The 
date  1 163  has  been  assigned  by  Mr  Round  to  a  Concord  confirmed  by  the  Curia  (Pipe  Roll 
Society,  Vol.  X.  p.  67).   Cf.  also  Pipe  Roll,  31  Henry  II,  the  Fine  of  Wm  de  Griseleia  (p.  11). 


314  Judicial  Proceedings 

a  diplomatic  instrument,  should  perhaps  prepare  us  for  further  dis- 
coveries in  this  direction. 

Now  and  again  certain  of  our  older  antiquaries  have  implied  in. 
oracular  terms  that  the  losses  which  we  have  suffered  in  respect  of 
early  Records  are  even  more  extensive  than  we  have  imagined ^ 
Mediaeval  writers,  it  is  true,  are  reserved  as  to  the  precise  contents  of 
the  Record-chests  in  the  royal  treasuries  at  Winchester  or  West- 
minster ;  but,  at  the  same  time,  some  recent  discoveries  of  unsuspected 
Records  would  seem  to  justify  a  further  consideration  of  the  subject. 

A  specimen  of  the  writ  of  Liberate  described  in  the  Dialogus  has 
lately  been  re-discovered  amongst  the  Exchequer  Records^.  The  Pipe 
Roll  of  the  first  year  of  Henry  II  can  be  to  a  large  extent  restored 
from  an  abstract  that  has  been  preserved  in  an  Exchequer  register*. 
Quite  recently  there  has  been  brought  to  light  a  considerable  portion 
of  a  noble  Receipt  Roll  of  the  year  1185^  whilst  Memoranda  Rolls  of 
the  English  and  Norman  Exchequers  can  be  identified  with  the  reigns 
of  Richard  I  and  John^ 

Now  the  Dialogus,  which  enumerates  certain  well-known  Records, 
makes  mention  also  of  others,  none  of  which  were  until  quite  lately 
known  to  have  survived".  It  might  fairly  be  argued,  therefore,  that 
the  unexpected  recovery  of  Records  dated  many  years  anterior  to  the 
earliest  known  examples  of  their  class  should  lead  us  to  attach  greater 
importance  to  the  statements  of  the  above  treatise  with  regard  to 
these  prehistoric  plea-rolls.  After  all,  however,  the  existence  of 
a  royal  administration  of  justice  before  the  last  years  of  the  12th 
century  does  not  depend  on  the  survival  of  actual  Records  of  its 
proceedings.  That  such  an  administration  existed,  we  know  well ; 
that  its  proceedings  were  unrecorded  save  in  the  form  of  a  casual 
reference  in  a  charter  or  Pipe  Roll  or  of  an  interested  narrative,  we 
may  believe  or  not  as  we  please ;  but  to  many  it  must  still  appear 
that  a  gulf  is  fixed  between  the  earliest  informal  notices  of  judicial 
proceedings  dating  from  the  middle  of  the  12th  century  and  the 
unbroken  series  of  rolls  and  chirographs  that  date  only  from  its  close. 

1  Cf.  Quarterly  Review,  XXXIX.  60;  Ayloffe,  Calendars  {^iq12lz€). 

"^  Printed  in  Pipe  Roll  Society's  Publications,  Vol.  X.     This  interesting  relic  was  found 
amongst  some  miscellaneous  Exchequer  fragments. 
^  Red  Book,  p.  648  sq. 

*  L.  T.  R.  Miscellaneous  Rolls,  Bdle.  i.  Nos.  i  and  2,  edited  by  the  Palaeography  Class 
of  the  London  School  of  Economics  (1899). 

^  L.  T.  R.  Memoranda  Rolls,  Bdle.  I.  Nos.  3  and  4,  and  Exchequer  Accounts  505/4. 
Cf.  also  a  curious  reference  to  Exchequer  proceedings  about  the  year  1196  in  the  Chronicle  of 
Jocelin  de  Brakelond. 

*  Dialogus,  I.  xiv.  and  li.  v.  vi.     Red  Book,  CCLII,  659  and  771. 


Judicial  Proceedings  315 

(<^)    Judicial  Inquisitions. 

There  is  one  persistent  feature  of  the  prehistoric  Records  above 
referred  to  that  must  attract  our  attention.  The  claims  asserted  in 
Domesday  Book  and  its  surviving  satelh'tes,  the  picturesque  reports  of 
royal  pleas  and  early  decisions  of  the  Exchequer  court  have  this  in 
common  with  the  later  series  of  judicial  Records,  that  they  are  equally 
Returns  to  royal  Writs. 

From  this  point  of  view  the  Writ  itself  may  be  regarded  as  a 
Record,  and  as  the  Writ  was  returnable  to  the  court  which  issued  it, 
so  it  would  become  a  material  part  of  the  Records  of  that  court. 

In  some  cases,  indeed,  the  Record,  as  we  have  seen,  may  assume 
a  diplomatic  form,  and,  in  the  case  of  the  Concord,  or  Fine,  the  form  of 
the  private  Convention  has  been  utilized'.  The  Writ,  however,  was 
from  the  first  a  royal  instrument.  Even  before  the  Conquest  it  was 
employed,  as  we  know,  for  business  of  a  ministerial  character  which 
may  also  have  a  judicial  tendency*.  With  the  accession  of  Henry  II 
the  Writ  enters  upon  a  new  epoch  of  ministerial  activity.  In  addition 
to  the  increased  number  of  Returns  made  to  royal  inquisitions,  we  can 
trace  the  new  influence  of  the  Writ  in  the  steady  accumulation  of 
Exchequer  Records^  But,  more  than  this,  in  the  same  reign  we  find 
the  first  organized  machinery  of  royal  justice  towards  which  the  com- 
munal and  seignorial  courts,  the  moots  and  sokes  of  immemorial 
antiquity,  must  henceforth  preserve  an  attentive  demeanour. 

It  has  been  admirably  suggested  that  the  ministerial  inquest 
provides  the  connecting  link  between  the  old  judicial  system  and  the 
new*.  That  is  to  say,  the  royal  inquisition,  whether  of  stock  or 
tenures,  or  taxation,  or  for  general  purposes  of  local  administration  is 
extended  to  the  procedure  of  justice  in  civil  causes.  The  path  of 
reform  is  marked  by  the  judicial  assizes  of  the  reign,  and  these  are 
supplemented  by  other  litigious  processes  until  the  frame  of  the  old 
royal  Writ  is  covered  by  a  net-work  of  complex  forms.     But  although 

'  It  must  be  remembered,  however,  that  the  originating  Writ  on  which  the  judicial  Concord 
was  based  had  an  important  part  in  the  proceedings.  We  find,  indeed,  that  these  writs  were 
ordered  by  Statute  (5  Hen.  IV,  c.  14)  to  Ix:  enrolled  as  though  they  constituted  the  essential 
part  of  the  Record.  No  such  special  enrolments  seem  to  have  been  preser\'ed,  however, 
before  the  reign  of  Elizal)eth. 

'  Cf.  above,  p.  1 1 3  sq. 

'  Bigelow,  Protedure,  p.  113  sq.  The  "Summons  of  the  Pipe"  is  not  only  responsible 
for  returns  in  the  shape  of  various  Accounts,  but  also  for  the  priKeedings  (Pleadings)  thereon 
known  to  us  as  Memoranda,  which  in  turn  give  rise  to  further  Extracts  (Estreats)  used  for 
departmental  purposes. 

*  History  of  English  Law,  I.  1 18  sq.     Cf.  C.  Ilaskins  in  A.  H.  R.  July  1903. 


3i6  Judicial  Proceedings 

the  pleadings  which  resulted  from  these  instruments  have  been  duly 
placed  amongst  judicial  Records,  the  significance  of  their  evolution 
from  the  ministerial  Writ  has  not  been  recognized  in  any  scheme  of 
Record  classification. 

From  a  purely  diplomatic  point  of  view,  therefore,  a  Record,  as  we 
have  seen,  may  be  regarded  as  a  Return  made  to  a  special  Writ  of 
inquisition  or  else  as  a  report  of  the  proceedings  on  Original  and 
Judicial  Writs  recorded  in  a  court  of  law.  In  the  former  aspect  we 
have  to  do  with  a  long  series  of  Inquisitions  and  Returns,  made  for 
a  variety  of  purposes,  from  Domesday  Book  to  the  Special  Com- 
missions of  the  i8th  century.  In  the  latter  and  more  restricted  sense 
of  the  term  we  have  the  actual  Records  of  the  several  courts,  the 
Pleadings  and  proceedings  subsidiary  thereto. 

The  official  distinction  between  the  two  classes  of  Records  has 
been  very  sharply  drawn,  but  we  have  already  discovered  from  a 
diplomatic  examination  that  some  ministerial  inquisitions,  under  the 
existing  arrangement,  are  really  curial  Records,  whilst  others  now 
classified  as  judicial  proceedings  are  to  be  regarded  rather  as  mere 
inquisitions.  The  true  nature  of  either  type  of  inquisition  may  be 
obscured,  by  accidental  detachment  from  the  covering  Writ,  or  by  the 
abnormal  form  of  a  lengthy  schedule. 

In  most  cases,  however,  the  essential  construction  can  be  easily 
perceived.  The  relationship  of  the  Return  to  the  parent  Writ  is  in 
fact  only  a  matter  of  degree.  In  one  case  this  Return  will  take  the 
conventional  form  of  a  diplomatic  instrument  which  may  embody  the 
information  required  by  the  Writ  or  may  append  the  same  in  a 
schedule.  Indeed  we  are  often  able  to  reconstruct  the  Writ  itself, 
where  it  has  not  survived,  from  the  formulas  preserved  in  the  Return. 
In  other  cases  a  special  type  of  diplomatic  construction  has  been 
evolved  from  a  judicial  procedure,  and  this  will  continue  to  preserve 
its  own  distinctive  formulas^     Finally  there  are  cases  in  which  we 

'  It  is  true  that  the  ministerial  and  judicial  writs  of  the  i  ith  and  12th  centuries  are  very 
general  in  form,  and  do  not,  except  in  the  case  of  instructions  for  taking  an  inquisition,  usually 
present  any  regular  or  conventional  formulas  which  could  serve  as  a  basis  for  the  form  of  sub- 
sequent pleadings.  At  the  same  time  we  cannot  ignore  the  fact  that  such  common  forms  were 
utilized  in  the  case  of  Returns  to  official  Writs  or  Articles  of  inquisition  in  the  reign  of  Henry  II, 
as  in  the  well-known  instances  of  the  feudal  circular  of  1166  and  the  Inquest  of  Sheriffs  in 
1 1 70.  However,  as  so  few  authentic  pleadings  exist  prior  to  the  age  when  royal  writs  were 
issued  de  cursu,  and  when  the  pleadings  thereon  assumed  an  appropriate  form,  the  point 
cannot  be  insisted  on.  Probably  the  pending  investigation  of  the  Norman  diplomata  by 
Prof.   Haskins  will  throw  fresh  light  upon  this  subject. 

For  the  agrarian  origin  and  use  of  the  nth  century  Breve  cf.  above,  p.  281  sq.,  and  Ducange, 
Glossariwn  s.v. 


Judicial  Proceedings  317 

find  no  regularity  or  persistence  of  formulas,  whilst  from  the  first  a 
class  of  sterile  Writs  has  existed  to  which  no  precise  Return  whatever 
is  anticipated. 

Evidently,  therefore,  it  will  be  a  matter  of  some  difficulty  to 
distinguish  between  certain  ministerial  inquisitions  executed  by  the 
royal  machinery  of  justice  and  certain  judicial  proceedings  in  their 
ministerial  aspect.  Possibly  this  difficulty  is  due  to  our  own  narrow 
view  of  the  relations  between  ministerial  and  judicial  procedure  and 
their  respective  Records.  As  matters  stand,  however,  a  rather  fine 
distinction  must  either  be  made  between  judicial  inquests  and  judicial 
pleadings,  or  we  must,  as  far  as  possible,  exclude  from  either  category 
documents  which  assume  the  form  of  judicial  proceedings  whilst 
subserving  a  purely  ministerial  purpose. 

On  the  other  hand  we  might  be  tempted  to  include  amongst  these 
judicial  inquisitions  certain  ministerial  Records  which  present  a  quasi- 
diplomatic  form.  One  such  feature  is  seen  in  their  execution  as 
a  matter  of  official  routine.  Thus  the  Coroner's  inquest  with  its 
ancient  procedure'  may  be  regarded  as  subsidiary  to  the  judicial 
proceedings  of  the  eyre.  In  another  aspect,  however,  these  functions 
have  been  regarded  as  of  a  ministerial  and  particularly  of  a  fiscal 
nature*.  From  this  point  of  view  the  coroner's  inquest  will  resemble 
the  "  office  "  taken  before  the  Escheator,  a  minister  with  whom  he  was 
frequently  associated.  Moreover  his  official  rolls  are  auxiliary  rather 
than  subsidiary  to  the  pleas  held  by  the  king's  justices*,  whilst  their 
form  is  somewhat  diplomatic.  This  may  even  consist  of  a  Writ  and 
Return,  whilst  the  mere  inquest  ex  officio  is  usually  furnished  with 
a  narrative  preamble.  Some  interesting  variants  are  found  in  the 
kindred  judicial  Records  known  as  "  Ancient  Indictments,"  especially 
in  connexion  with  the  custom  of  "abjuring  the  realm*." 

Another  type  of  the  conventional  judicial  inquisition  is  seen  in 
the  proceedings  under  the  well-known  writ  De  odio  et  atia.  Although 
this  and  some  kindred  instruments  have  been  included  in  a  new 
official  class  of  "  Criminal  Inquisitions,"  its  ministerial  character  can 
scarcely  be  insisted  on  in  view  of  the  ex  parte  use  of  the  Writ  itself 
and  the  judicial  proceedings  which  it  originated*. 

*  Capitula placitorum  Corona  (Hoveden,  loc.  cit.)  and  see  Gross,  Coroturs'  Rolls  (Selden 
Soc.),  p.  14  sq.  *  Cf.  Gross,  op.  cit.  pp.  xxiv — xxvi. 

^  The  Justices  had  the  rolls  l)oth  of  the  Coroners  and  Sheriffs  Ix-'fore  thcni  when  dealing 
with  the  presentments  made  to  the  "Chapters  of  the  Kyre  "  (I/isl.  English  Litw,  II.  643). 

*  Cf.  A.  Reville  on  the  Abjuratio  regni  in  Kex'.  Hist.  t.  50.  A  narrative  form  of  Return 
occasionally  in  the  first  person,  is  found  in  the  Ancient  Indictments. 

*  History  of  English  lunv,  \\.  585. 


3i8  Judicial  Proceedings 

Indeed,  we  are  reminded  that  the  early  procedure  of  the  Chancery 
itself  was,  in  one  sense,  of  a  ministerial  character,  and  possibly  these 
"  Criminal  Inquisitions,"  like  other  waifs  and  strays  from  the  "Chancery 
Files,"  should  be  regarded  as  subsidiary  judicial  records. 

Closely  related  to  these  judicial  inquests  in  their  legal  aspect, 
though  differing  widely  from  them  in  their  diplomatic  capacity,  are  the 
presentments  of  the  county  by  its  "  hundreds,"  "  vills  "  and  "  liberties," 
made  before  the  royal  justices  in  their  eyres.  These,  whether  accusa- 
tive or  merely  inquisitive  in  character,  are  not  actually  Returns  made 
to  a  special  Writ.  They  cannot  even  be  regarded  as  differing  per- 
ceptibly from  the  like  presentments  that  had  been  made  in  the  local 
courts  as  determined  by  the  ancient  dooms.  The  "hundreds"  and  "vills" 
continue  to  make  use  of  the  old  machinery  of  justice.  The  sheriff 
takes  many  a  "turn"  in  the  long  intervals  between  judicial  eyres  and  the 
coroner  is  in  attendance  to  collect  materials  for  future  indictments. 

On  the  other  hand  the  inquisitional  nature  of  these  formal  judicial 
presentments  is  revealed  by  documentary  evidences — the  royal  com- 
mission to  the  justices  in  eyre,  the  royal  mandates  to  the  sheriffs  and 
coroners,  the  long  schedule  of  the  Articles  of  Inquisition  with  their 
Returns,  and  the  subsidiary  documents  by  which  these  will  be  verified, 
all  tell  of  the  new  device  of  a  "  prerogative  process  "  which  here,  as 
elsewhere,  has  been  imposed  upon  an  earlier  judicial  system. 

The  inquisitional  procedure  of  the  old  judicial  eyres  from  1194  to 
1275  has  been  previously  referred  to'  as  the  basis  of  the  special  or 
statutory  inquisitions  which  assume  such  prominence  between  the 
years  1255  and  1275.  These  well-known  returns,  owing  to  their 
political  environment,  have  been  accepted  without  question  as  minis- 
terial records  although  they  appear  to  have  been  administered  for 
the  most  part  by  the  same  judicial  machinery  that  sets  in  motion  the 
detailed  presentments  to  the  "  Old  Chapters  of  the  Eyre."  These,  in 
turn,  from  their  fiscal  and  feudal  importance,  might  even  appear  to  be 
rather  of  a  ministerial  than  a  judicial  typel  Indeed,  it  may  be  that 
the  king's  justices  inherited  some  of  the  administrative  duties  of  the 
sheriffs  whom  they  had  replaced  for  judicial  purposes  since  the  close 
of  the  1 2th  century,  just  as  they  were  relieved  in  turn  of  certain 
administrative  functions  by  the  justices  of  the  peace  under  the  new 
regime  of  the  Tudor  monarchy.     However  this  may  be,  it  is  a  some- 

*  Above,  p.  300  sq. 

^  Cf.  above,  p.  291  sq.  We  gather  from  the  Rolls  of  Parliament  (ni.  ■222'')  that  inquisitions 
taken  before  the  Justices  of  Assize  ex  officio  as  to  the  value  of  franchises  granted  by  the  Crown 
out  of  the  county  might  prevent  a  serious  injury  to  ministerial  interests. 


Judicial  Proceedings  319 

what  significant  fact  that  the  enrolments  of  the  presentments  made  to 
the  "  Chapters  of  the  Eyre"  have  not  been  preserved  with  the  judicial 
pleadings,  although  their  extensive  nature  may  be  realized  by  reference 
to  one  of  the  few  complete  returns  that  have  survived^ 

In  the  case  of  the  judicial  Records  above  referred  to,  namely  the 
Coroner's  Inquest,  the  so-called  "Criminal  Inquests"  and  the  "Chapters 
of  the  Eyre,"  we  have  to  do  with  the  more  obvious  types  of  the  judicial 
inquisition  in  its  official  or  conventional  aspect.  In  addition  to  these 
there  are  other  types  the  exact  position  of  which  is  more  obscure. 

It  has  been  seen  that  the  royal  inquisition  of  the  nth  and  12th 
centuries  could  be  utilized  for  the  purpose  of  a  special  judicial  investi- 
gation. The  exact  nature  of  the  judicial  proceedings  connected  with 
the  Domesday  Survey  is  by  no  means  clear^  but  a  good  deal  of 
material  exists  for  a  reconstruction  of  the  presentments  and  pleadings 
consequent  on  several  of  the  great  political  inquisitions  of  the  1 3th 
century  in  which  the  Returns  made  to  the  original  Writ  of  inquisition 
serve  in  turn  as  information  for  a  prosecution  by  the  Crown*  or  for 
claims  advanced  by  individual  plaintiffs*.  The  actual  pleadings 
referred  to  will  be  noticed  elsewhere\  but  something  remains  to  be 
said  with  regard  to  the  form  of  the  inquisitions  in  question. 

It  has  been  acutely  suggested  that  the  origin  of  the  judicial 
inquisition  may  probably  be  found  in  the  continental  procedure  which 
existed  in  the  Norman  and  Angevin  provinces  before  the  accession  of 
Henry  II,  as  indicated  by  the  famous  Bayeux  register*.  But  even 
before  the  memorable  reforms  of  the  first  Plantagenet  king,  or  the 
innovations  of  his  continental  predecessors,  the  judicial  inquest  can 
be  recognized  as  an  essential  device  of  the  fiscal  inquisition  of  the 
Anglo-Norman  period  on  the  authority  of  certain  monastic  Registers^ 

In  any  case  the  machinery  for  this  inquisitional  procedure  is 
clearly  fndicated  before  the  close  of  the  I2th  century.  The  ordinance 
for  holding  the  judicial  and  fiscal  eyres  in  1194*  may  be  regarded  as 
the  starting  point  of  a  newly-organized  system  of  royal  inquisitions, 
and    this   is   followed    by  the   notices  which   occur   with    increasing 

'  Assize  Rolls,  Nos.  890 — 906,  a  series  of  eyre  presentments  to  both  the  Old  and  New 
Chapters  for  the  county  of  Surrey  alone,  apparently  of  the  date  1 305.  The  Returns  present 
some  interesting  local  variants,  e.g.  the  condition  of  the  salmon  fisheries  in  several  reaches  of 
the  Thames  (cf.  Pat.  33  Kdw.  I,  m.  7''  and  6'*). 

*  Mr  J.  II.  Round  in  Donu-siLty  StucUts,  n.  539  sq. 

•  e.g.  The  Quo  Warranto  Rolls. 

<  e.g.  The  Ploiita  ociosione  Turhaiionis  (nji),  ed.  Hunter,  and  the  State  Trials  of 
H89,  &c.  ed.  R.  I  list.  Soc.  Camden  (3rd  Ser.),  Vol.  ix. 

»  Below,  p.  ill.  •  C.  llaskins  in  A.  H.  A\,  lof.cit. 

'  Cf.  below,  p.  313.  "  Cf.  al>ove,  p.  191. 


320  Judicial  Proceedings 

frequency  during  the  13th  century  of  special  inquisitions  in  close 
connexion  with  this  organization ^  It  would  even  seem  that  the 
machinery  of  the  local  courts  could  be  utilized  for  the  purpose  of 
these  extra-judicial  enquiries.  In  this  connexion  we  may  notice  an 
interesting  series  of  inquisitions  or  Extents  relating  to  the  royal  manor 
of  Ospring^  towards  the  middle  of  the  13th  century.  Articles  of 
inquisition  were  administered  to  the  local  jurors,  presumably  in 
accordance  with  a  Writ  which  has  not  been  identified.  These  Articles 
comprise,  in  addition  to  the  usual  subjects  of  an  agrarian  Extent, 
questions  concerning  the  alleged  trespasses  of  local  officers  in  the 
manner  of  the  political  inquests  which  have  been  previously  described. 
Here,  too,  we  find  traces  of  pleadings  and  decisions  of  the  court  in 
individual  cases  which  closely  resemble  the  pleadings  in  Quo  Warranto 
and  "  Rageman  "  of  a  later  period. 

It  is,  however,  the  connexion  of  the  two  last-mentioned  Records 
with  the  ministerial  inquisitions  so  well-known  to  us  as  the  "  Hundred 
Rolls  "  that  affords  the  clearest  view  of  the  development  of  the  usual 
official  enquiry  into  formal  judicial  proceedings,  based  in  some  cases 
upon  further  local  presentments.  In  one  direction  we  have  these 
well-known  Returns  indicating  the  results  of  a  royal  Writ  and  Articles 
of  inquisition ;  in  another  we  have  the  pleadings  thereon  which 
were  communicated  to  the  itinerant  justices  in  order  that  informations 
might  be  laid  thereon  to  recover  the  "  rights  "  of  the  Crown.  Again,  we 
have  special  Articles  of  enquiry  and  special  inquisitions  and  pleadings 
relating  to  the  trespasses  of  evil  ministers^  Of  these,  the  pleadings 
on  writs  of  Quo  Warranto  can  be  easily  identified  with  the  precedent 
inquisitions  in  the  printed  volumes  of  the  Hundred  Rolls*,  but  of  the 
further  proceedings  taken  under  the  statute  of  "  Rageman  "  against  the 
royal  ministers  we  find  only  a  few  slight  traces  in  the  printed 
collection  of  pleadings  in  Quo   Warranto^.     Unfortunately,  however, 

^  The  Record  of  the  royal  inquisition,  whether  ministerial  or  judicial,  should  properly 
include,  besides  the  Writ,  P'orm  of  Inquisition  and  Return,  the  Nomina  Jiiratorutn.  These, 
however,  though  they  are,  as  we  know,  preserved  as  early  as  the  Domesday  Survey,  are  rarely 
met  with  as  a  separate  schedule  to  the  Return.  A  nearly  complete  list  for  all  the  hundreds 
of  Gloucestershire,  in  13  Edward  I,  apparently  in  connexion  with  Kirkby's  Quest,  will  be 
found  in  L.  T.  R.  Misc.  Rolls  \. 

^  Testa  de  Nevill,  p.  217.  Somewhat  similar  cases  occur  amongst  the  large  and  miscel- 
laneous class  of  "Ancient  Extents." 

'^  Cf.  above,  p.  302. 

*  Cf.  Vol.  I.  p.  100  and  103,  the  case  of  Thomas  de  Well's  sergeanty,  and  the  subsequent 
proceedings  in  the /Ya«Va  rf(?  Quo  Warranto  (p.  i8i),  from  the  Assize  Roll  (203)  of  6  Edw.  I. 
For  a  special  enrolment  of  the  presentments  against  the  Earl  of  Gloucester  in  divers  counties, 
see  Misc.  of  the  Exchequer  -^^. 

®  Cf.  p.  382'',  where  the  king's  attorney  informs  the  court  that  quoad  presentata  in  k 


Judicial  Proceedings  yiX 

the  form  of  the  articles  connected  with  the  special  inquisitions  "  De 
Ministris"  cannot  now  be  ascertained  from  existing  Records',  whilst 
pleadings  "  De  Ragemannis,"  analogous  to  the  pleadings  "  de  Quo 
Warranto,"  can  be  occasionally  identified  in  the  sparse  collection  of 
surviving  Assize  Rolls*. 

One  other  type  of  royal  inquisition  may  be  noticed  here  as  pre- 
serving, externally  at  least,  a  judicial  form.  The  reference  is  to 
those  political  inquisitions  which  are  recorded  in  the  form  of  judicial 
presentments,  as  in  the  well-known  case  of  the  proceedings  connected 
with  the  robbery  of  the  royal  treasury  at  Westminster  in  the  year 
1303='. 

Such  an  inquisition  as  this  must  be  distinguished  from  certain 
political  commissions  in  which  the  court  is  constituted  by  a  royal 
commission,  but  instead  of  the  presentments  of  local  jurors  the  Querelae 
or  Petitiones  of  individual  plaintiffs  are  the  subject  of  formal  pleadings^ 
Finally  it  may  be  noticed  that,  while  certain  types  of  the  judicial 
inquisition,  such  as  the  Coroner's  Inquest,  may  be  met  with  down  to 
a  comparatively  late  date,  the  procedure  that  is  associated  with  the 
great  political  inquests  of  the  13th  and  14th  centuries  is  practically 
unrepresented  from  the  beginning  of  the  Tudor  period,  not  so  much 
from  "  poverty  of  justice  "  as  from  the  paucity  of  local  Records. 

Rageman  nondum  est  paratus,  an  allusion  to  the  distinct  proceedings  in  such  cases  enjoined 
by  the  Statute  of  1276.     Some  pleadings,  however,  are  recorded  here  (cf.  p.  387''). 

'  The  fragments  preserved  in  Misc.  of  the  Exch.  ^^^  are  not  of  this  nature  as  claimed  by 
an  old  ofticial  endorsement.  In  the  Extract  Hundred  Rolls,  No.  4,  we  find  references  to  a 
"  Rotulus  de  Inquisitione,"  and  this  can  be  identified  with  the  "  Hundred  Rolls,"  which  give 
references,  in  turn,  to  special  inquisitions  De  ministris. 

*  Cases  relating  to  Norfolk  and  Suffolk  will  be  found  in  Assize  Roll,  No.  H33  for  6  Edw.  I, 
some  of  which  can  be  clearly  identified  with  the  Hundred  Roll  inquisitions  and  the  proceedings 
De  ministris  above  referred  to.  For  the  noticeable  variants  occurring  in  these  several  versions 
sec  the  case  of  J.  de  Gymmingham  in  Hundred  Rolls,  i.  534",  Extract  Hundred  Rolls,  No.  4, 
m.  I**,  and  Assize  Roll,  H33,  m.  5''. 

'  Palgrave,  A'alendars,  I.  Appx.  I  lere  a  commission  was  issued  (letters  Patent)  indicating 
the  form  of  the  proceedings. 

*  Cf.  the  trials  of  the  justices  in  1189 — 91  as  recorded  in  two  special  Assize  Rolls  (edition 
R.  Hist.  .Soc.  Camden  (3rd  Ser.),  Vol.  ix.).  The  special  character  of  these  proceedings 
is  confirmed  by  the  contemporary  judicial  ruling  (cf.  Abbrev.  Placitorum,  p.  305)  that  ap)x:als 
from  the  commissioners  lay  only  l)efore  the  King  and  Parliament.  The  j)etitions  and 
other  proceedings  respecting  the  Templars  (Cole,  Dotuments),  and  the  forfeited  lands  of 
Normans  and  followers  of  de  Montfort  (Hunter,  Rot.  .Selecti)  and  I^mcaster  {.4bbr<7-iixtio, 
P-  .^43**)  ^^^  certainly  consequent  on  extensive  intjuisitions,  but  no  information  with  regard  to 

.  the  process  by  which  these  further  procee<lings  were  originated  has  been  discovered.  A  good 
deal  more  information  is  forthcoming  with  regard  to  the  prosecutions  under  the  Statute  of 
Lalwurers  (Assize  Rolls  170,  31  j,  313,  Ike.)  and  the  Extents  made  at  several  times  of  Aliens' 
lands,  in  both  of  which  the  inquisitional  procedure  is  well  developed  (see  below,  p.  336). 


21 


322  Judicial  Proceedings 

{c)     Pleadings  on  Inquisitions. 

The  origin  of  pleadings  in  English  courts  of  law  has  been  the. 
subject  of  various  learned  and  somewhat  conflicting  speculations. 
Regarded  as  a  national  and  also  as  a  professional  usage,  this  legal 
procedure  with  its  infinite  niceties  does  not  concern  us  here.  Indeed 
it  is  not  in  the  forms  of  pleadings  at  large  that  the  study  of  English 
Diplomatic  has  any  part.  In  a  very  restricted  sense  only  can  we  venture 
to  claim  an  interest  in  a  subject  that  properly  belongs  to  the  depart- 
ment of  the  legal  antiquary. 

The  extent  of  the  present  enquiry  has  been  already  indicated  in 
the  preceding  sections  dealing  with  the  somewhat  anomalous  position 
of  those  ministerial  or  judicial  records  which  derive  a  certain  diplo- 
matic character  from  their  connexion  with  a  royal  writ.  Here  then, 
as  before,  the  Writ  with  its  complement  in  the  shape  of  a  Form  of 
Inquisition  and  an  appropriate  Return  is  at  the  bottom  of  our 
diplomatic  investigation. 

But  even  before  the  writ  itself  was  conceived  as  an  instrument  of 
royal  justice,  and  again  during  its  earliest  infancy,  we  are  able  to 
discover  traces  of  judicial  pleadings  recited  in  a  royal  charter  or 
inquisition.  Certainly  we  must  not  hazard  the  suggestion  that,  from  the 
first,  judicial  pleadings  were  modelled  on  the  form  of  the  originating 
writ ;  nor  can  we,  during  the  earliest  period  of  the  administration  of 
royal  justice,  detect  so  much  as  a  tendency  in  this  direction.  We 
should  search  in  vain  amongst  the  Old  English  charters  for  records 
of  pleadings  resembling  the  notarial  reports  which  may  be  found  in 
Prankish  charters  as  early  as  the  8th  century^  although  certain 
narrative  forms  occur  in  the  Codex  both  in  Latin  and  vernacular 
charters  I 

With  the  Domesday  Survey,  however,  we  can  begin  to  collect  notices 
of  many  famous  Placita  and  in  the  well-known  proceedings  preserved 
in  Heming's  cartulary  there  is  at  least  much  scope  for  diplomatic 
criticism^ 

^  Cf.  the  charter  of  Pepin,  A.D.  749  (ed.  Bouquet,  iv.  714).  -  Cf.  above,  p.  311. 

"*  The  memorable  law-suit  between  the  Church  of  Worcester  and  Abbey  of  Evesham 
(c.  1082 — 86)  reconstracted  by  Mr  J.  H.  Round,  with  a  valuable  commentary,  in  Domesday 
Studies,  II.  539  sq.  from  the  confused  text  of  Heming's  cartulary  (ed.  Hearne,  pp.  75 — 83). 
The  procedure  described  is  as  follows : 

(i)     Writ  to  the  royal  commissioner  to  hold  the  Plea. 

(2)  The  record  (comtnemoratio)  of  the  Plea. 

(3)  Writ  to  give  effect  to  the  decision. 

(4)  Certificate  by  the  commissioner  as  to  the  finding. 
{5)     Convention  between  the  parties  consequent  thereon. 

(6)  Entry  of  the  finding  (/rc7  evidentia)  in  Domesday  Book. 

(7)  Breviate  of  the  entry  in  Domesday  Book. 


Judicial  Proceedings  323 

Equal  caution  should  perhaps  be  exercised  with  regard  to  the 
interesting  record  of  the  litigation  between  the  Church  of  Ely  and  its 
encroaching  neighbours  preserved  in  the  12th  century  Inquisitio 
Eliensis.  In  this  case,  moreover,  the  existing  MS.  is  of  later  date  and 
the  reputation  of  this  Church  is  somewhat  indifferent'. 

Whether  the  famous  Clainores  and  Invasiones  appended  to  the 
existing  official  digests  of  the  Domesday  Survey  can  be  properly 
regarded  as  rudimentary  pleadings  is  at  present  merely  a  matter  of 
learned  speculation-.  It  may  be  conceded,  however,  that  formal 
pleadings  are  referred  to,  if  they  are  not  actually  recited,  in  the 
famous  Records  It  may  be  of  interest  to  note,  in  this  connexion,  that 
a  very  simple  formula  of  a  Calumpnia,  such  as  might  be  found  in  the 
group  of  Domesday  inquisitions,  is  preserved  amongst  the  pleadings 
on  official  Extents  of  forfeited  lands  at  the  close  of  the  reign  of 
Henry  III*.  It  is  also  possible  that  the  primitive  formulas  of  the 
Placita  Atilae  connected  with  claims  to  offices  in  the  royal  household 
may  be  of  great  antiquity'. 

Even  as  late  as  the  reign  of  Henry  II  we  have  seen  that,  apart 
from  the  florid  and  usually  suspicious  narratives  of  contemporary 
chroniclers,  there  would  be  found  only  vague  and  casual  references  to 
judicial  proceedings  from  which  some  disconnected  fragments  of 
formal  pleadings  may  be  recovered. 

A  few  of  these,  it  is  true,  are  of  exceptional  interest,  such  as  the 
recital  of  certain  pleadings  before  the  royal  commission  of  enquiry  as 
to  the  misgovernment  of  the  sheriffs  in  1 170®. 

Slightly  later  we  find  in  a  well-known  collection  of  Extents  of 
escheated  lands,  the  recital  of  proceedings  before  the  justices  itinerant 
in  which  a  technical  formula  may  now  and  then  be  recognized^ 

•  The  Writs  are  printed  in  Hamilton's  edition,  together  with  a  Commemoratio  placiti, 
&c. 

'^  It  is  not  difficuh  to  infer  that  such  a  high  authority  as  Mr  J.  H.  Round  inclines  to  credit 
the  existence  of  contemporary  pleadings,  as  did  also  at  one  time  the  late  Mr  Elton.  The 
learned  author  of  the  Placita  Aitglo-Normannica  assumes  the  fact  without  any  hesitation. 

*  Cf.  D.  B,  I.  377,  I.  164,  I.  56  1),  II.  99  b,  II.  449. 

*  Hunter,  Kotuli  SeUiti,  p.  85.  »  Cf.  Ked  Book,  p.  755  sq. 

•  Red  Book,  pp.  ccclxix  and  ccclxxviii,  where  the  count  and  pleadings  may  be  distinguished 
as  follows : 

(1)     XV.  dies  ante  Purifiiatiotifni,  Sa'c.     Servientes  Comitis  de  A.cepenint,  &•(.  sit  lit  nil 

com  Hi  debiii. 
(a)     Respondent  ballivi  Comitis  quod  pro  de/ectu  servieii  C.  eeperunt,  &'e. 
(3)     Et  ipse  coiifiletur  et  conqiieritiir  tie  C. 
In  another  case  we  have  apparently  a  recital  of  pleadings  in  a  seignorial  court  with  the 
refrain,  Et  ideo  reddidit  (dedeninl)  domino  per  vcredictiim  (judicium). 

'  Rotuli  de  Dominabus  (1185),  L.  T.  K.  Miscellaneous  Rolls,  Hdle.  I.  Cf.  Et  hoc  fiiit 
prius  ostensum  justictariis.  A.  invenit  plegios  habendi  war  rant  um  siiiim  iij  septimanis  post 
festum  Sancti  Alicheulis  ad  Situearium.     Plegii — . 

21  —  2 


324  Judicial  Proceedings 

Finally  we  may  remember  that  long  before  the  close  of  the  same 
reign  pleadings  recited  in  a  diplomatic  formula  of  great  antiquity 
were  officially  recorded^  These  "  Final  Concords,"  in  which,  as  in 
the  Old  English  convention,  the  inserted  formulas  of  a  normal 
diplomatic  instrument  can  be  easily  recognized,  may  be  regarded  as 
one  of  the  many  official  devices  for  preserving  a  formal  record  of 
judicial  pleadings  which  have  been  ordained  by  national  custom  and 
refined  by  legal  ingenuity.  In  like  manner  we  have  witnessed  the 
resourcefulness  of  royal  clerks  in  the  official  treatment  of  the  Domes- 
day inquisition,  and  further  evidence  in  point  would  be  afforded  by 
the  apt  memoranda  recording  current  fiscal  determinations  in  the 
earliest  Exchequer  court  rolls'-  and  in  the  Chancery  estreatsl 

The  clerical  licence  to  which  allusion  has  been  made  is  a  subject 
which  seems  to  stand  in  need  of  a  closer  investigation.  In  spite  of 
some  authoritative  statements  and  many  plausible  surmises,  it  cannot 
be  fairly  concluded  that  the  procedure  adopted  for  the  purpose  of 
placing  on  record  the  pleadings  in  an  English  court  of  law  during  the 
13th  century  has  been  exhaustively  expounded ^ 

While  this  professional  problem  is  one  with  which  we  are  not  here 
concerned,  the  uncertainty  which  appears  to  prevail  upon  the  point  in 
question  may  help  to  explain  the  neglect  of  the  diplomatic  study  of  a 
certain  class  of  judicial  proceedings  during  the  above  period.  In  the 
first  place  we  may  notice  that  besides  the  usual  method  of  recording 
pleas  of  the  Crown  held  by  justices  itinerant  or  royal  commissioners, 
the  same  end  might  be  attained  by  an  unconventional  record  which,  like 
the  Fine  itself,  is  based  upon  some  principle  of  diplomatic  composition. 
Thus  in  the  case  of  the  judicial  enquiry  ordered  for  the  purpose  of 
verifying  the  corrodies  claimed  by  the  Templars  at  the  suppression  of 
the  Order,  a  special  formula  is  employed  as  a  more  advantageous 
method  of  displaying  the  documents  exhibited  to  the  Courts 
Whether  these  findings  were  tested  by  further  judicial  proceedings 

^  Cf.  above,  p.  31311. 

^  Cf.  L.  T.  R.  Miscellaneous  Rolls,  Bdle.  I.  Nos.  3  and  4. 

^  Cf.  Rottili  de  Liberate,  &'c.  regnante  Johanne  (Record  Commission). 

*  Mr  G.  J.  Turner's  edition  of  the  Brevia  Placitata  has  not  yet  unfortunately  been 
published  for  the  Selden  Society.  A  learned  essay  on  the  subject  has  recently  been  published 
by  Mr  W.  S.  Houldsworth. 

^  Cf.  Cole,  Select  Documents,  p.  1 39  sqq.  where  the  Record  is  made  up  as  follows  ; 
(i)     The  royal  commission. 

(2)  The   petition   for  allowance  supported    by  production    of  the    original  deed    of 

corrody. 

(3)  The  judicial  order  for  inquisition  to  be  made  thereon. 

(4)  The  Return  to  the  inquisition  (recited). 

(5)  The  decision  of  the  commissioners. 


Judicial  Proceedings  325 

has  not  been  ascertained,  but  in  the  somewhat  similar  procedure 
adopted  in  connexion  with  the  forfeited  lands  of  rebels  and  aliens 
during  the  13th  and  14th  centuries,  we  find,  in  addition  to  petitions, 
with  the  decisions  thereon  \  more  than  one  style  of  recorded  pleadings 
of  a  more  conventional  nature^. 

In  the  second  place  we  may  notice  that,  even  when  the  pleadings 
recorded  in  certain  of  these  early  Eyre  Rolls  are  presented  in  a  purely 
conventional  form,  they  must  in  some  instances  be  compared  with 
precedent  inquisitions  or  other  records  for  the  full  elucidation  of  their 
purport.  Thus  the  records  preserved  in  the  Assize  Rolls  relating  to 
"  Rageman  "  and  "Kirkby's  Quest"  are  at  times  obscure  without  such 
cross-references.  We  may  in  fact  suspect  that  in  the  case  of  these 
statutoiy  and  extensive  inquisitions  and  the  resultant  judicial  pro- 
ceedings, the  facts  at  issue  being  recorded  specialiori  modo  in  the 
Inquisition  itself  (which  we  know  was  in  the  hands  of  the  justices), 
the  form  of  the  pleadings  was  influenced  by  this  consideration l  On 
the  other  hand  in  the  case  of  casual  and  local  commissions  ordered 
by  the  Crown,  or  by  the  justices  for  their  fuller  information,  the 
actual  inquisition  is  frequently  recited  verbatim,  the  pleadings  thereon 
being  thus  rendered  fully  intelligible. 

It  will  indeed  be  evident  from  an  inspection  of  the  certified 
"  Records  "  of  Civil  Pleas  as  late  as  the  close  of  the  14th  century  that 

^  As  in  the  fragment  of  a  roll  of  proceedings,  formerly  preserved  amongst  the  early  Eyre 
Rolls  of  the  reign  of  Henry  III,  which  was  discovered  by  Major  Po3mton  and  which  presents 
the  following  formula : 

A.  petit — terra  in  X.  qua  capta  est  in  manu  domini  Regis,  Ss'c.  ea  ratione,  quod  habuit 
de  dono  B.  qui  priiis  habuit  de  dono  domini  Regis,  ^c.  Et  nichil  aliud  habet  extra  regnum 
Anglia. 

'  Cf.  Hunter,  Rotuli  Se/erti,  where  we  have  in  cases  brought  before  the  court : 
(i)     The  king's  writ  to  put  in  force  the  provisions  of  the  statute. 
{2)     The  commission  to  the  justices. 

(3)  The  vertlict  or  presentment  of  the  jurors. 

(4)  The  pleadings  in  conventional  form. 

'  Cf.  above,  p.  302,  for  the  connexion  l)etween  these  inquisitions  and  the  sul>sequent 
proceedings  thereon.  Cf.  also  the  remarkable  fragment  of  the  original  "  Hearing  Notes"  of 
Kirkby's  Commission  for  Cornwall  in  L.  T.  K.  Miscellaneous  Rolls  J  and  the  relationship  of 
these  to  the  judicial  proceedings  during  the  same  eyre  recorded  in  Assire  Roll  ri6.  The 
procedure  thus  indicated  would  seem  to  have  l)een  as  follows : 
(1)  The  Writ. 
(7)     The  Form  of  Inquisition. 

(3)  The  Returns  of  the  local  jurors  in  the  shape  of  presentments. 

(4)  I'lejidings  on  the  same  l)efore  the  commissioners. 

(5)  l'n)cee<lings  of  the  commissioners  recording  (a)  Precepts  issued  in  connexion  with 
the  alM)ve  inquisitions  and  |>leadings,  (b)  Memoranda  of  matters  to  l>e  reported  to  the  King's 
Council,  (< )  Recognizances  of  persons  implicated,  (d)  A  register  of  tallies  outstanding  in  the 
hands  of  the  sheriffs. 


326  Judicial  Proceedings 

in  the  hands  of  an  experienced  prothonotary,  the  briefest  memoranda 
were  sufficient  for  the  purpose  of  reconstructing  the  conventional 
pleadings  upon  a  formal  writ  or  bill.  The  notes  made  for  this 
purpose  were  endorsed  on  the  several  instruments  by  which  process 
was  effected,  and  then,  even  if  the  Roll  of  the  year  and  term  were  not 
available,  these  could  be  expanded  at  pleasure  in  the  form  of  con- 
ventional pleadings  after  the  lapse  of  many  years \ 

By  the  time  that  judicial  pleadings  have  attained  their  fullest 
development  as  an  exotic  form  of  Record  composition,  the  special 
inquisition  has  fallen  into  disuse  as  a  ministerial  or  political  expedient, 
to  be  replaced  by  an  elaborate  indictment-  or  else  by  a  Special 
Commission,  the  technical  findings  of  which  can  be  viewed  with 
greater  deliberation  in  the  congenial  atmosphere  of  the  Chancery  or 
the  Exchequer ^ 

^  For  examples,  see  the  Chancery  Miscellaneous  Files  (formerly  "County  Placita"), 
e.g.  Bundle  47,  File  2,  No.  21,  and  Bundle  48,  File  2,  No.  19.  Cf.  also  the  prominent  part 
played  by  the  antecedent  inquisition,  or  presentment,  in  the  Records  of  the  proceedings  taken 
under  the  Statute  of  Labourers  {e.g.  Assize  Rolls  170,  312,  313).  The  same  technical  skill  in 
expanding  these  brief  notes  of  pleadings  may  have  been  possessed  in  an  equal  degree  by  the 
officials  of  the  local  courts  and  special  tribunals  such  as  the  Marshalsea  (cf.  the  Record  of 
proceedings  in  the  Nottingham  County  Court,  19  Edward  I,  amongst  the  "  County  Placila" 
and  the  Records  oi  Placita  Aides  in  several  counties  in  the  same  collection).  From  the  reign 
of  Edward  III,  however,  the  Records  subsidiary  to  pleadings  coram  Rcge  were  apparently 
preserved  in  "bags  "  for  each  session  and  noted  in  the  Controlmenl  Rolls. 

-  Cf.  "Ancient  Indictments  " /awm  and  the  elaborate  informations /;-o /"^f^  entered  at 
full  length  in  the  Controlment  and  Crown  Rolls,  based  on  sworn  depositions  the  originals  of 
which  were  formerly  preserved.  The  proceedings  in  the  "State  Trials"  of  the  period  1450 — 
1600  seem  to  have  been  preserved  specialiori  Diodo  in  the  bagae  de  secretis,  the  precursors  of 
the  "dossiers"  still  preserved  amongst  the  Treasury  Solicitor's  Records. 

'^  e.g.  Revenue  cases  or  matters  of  public  policy  in  which  the  inquisitions  or  informations 
are  recited  at  great  length.  Instances  of  these  narrative  enrolments  will  be  seen  in  the  cases 
of  the  Marian  exiles  and  Polydore  Vergil  printed  by  Mr  I.  S.  Leadam  in  Transactions  R. 
Hist.  Soc.  N.  S.  XI.  and  xix. 


APPENDIX    P. 
A  CLASSIFIED  TABLE  OF  DIPLOMATIC  INSTRUMENTS. 

I.     DIPLOMATIC    DOCUMENTS. 

(i)     OFFICIAL    INSTRUMENTS. 

A.     Royal  Charters  (Grants), 

1.  Anglo-Saxon  (597 — io66)^ 

(a)     General  Form  (Land-bocs). 

(<^)     Special  Forms  (Foundation,  grant  of  Liberties,  exemption  from 
Taxation,  &c.)*. 

2.  Anglo-Norman  and  early  Angevin  (1066 — 1200). 
(a)     General  Form  (Feoffment). 

{p)     Special  Forms  (Free-Alms,  Liberties,  Assart,  &c.). 

3.  Later  Charters  (1200 — 1516)*. 
{a)     General  Form. 

(J))     Special  Forms: 

Incorporation", 

Fee- Farm". 

Office. 

Market. 

Fair, 

Disafforestation". 

Imparking*. 

'  For  examples  of  the  following  selected  forms  of  diplomatic  instruments  see  Formula 
Book  {passim). 

'  Confirmations,  writs  (vernacular)  and  private  conventions  will  Ix;  found  under  their 
appropriate  headings, 

'  These  are  mentioned  as  the  most  familiar,  if  not  the  most  characteristic  instruments  for 
this  period.     The  same  remark  applies  to  the  selections  which  follow, 

*  The  date  of  the  abandonment  of  separate  enrolments ;  but  the  charter  had  long  since 
ceased  to  possess  a  really  distinctive  character, 

•  This  term  has  also  l)een  applied  to  the  later  incori>orations  by  letters  Patent. 

•  The  words  ad  feodi  firmam  do  not  seem  to  l)e  essential  in  early  times. 

'  Usually  in  the  limitc<l  sense  of  exemption  from  forest  jurisdictions  or  with  special  reference 
to  the  grievances  mentioned  in  the  Forest  charter. 

*  More  correctly  "enclosing  a  park,"  this  tenn  lieing  familiarly  applied  to  the  impounding 
of  stray  animals. 


328  Appendix  I 

Warren. 

Commutation  of  Serviced 

Warranty^ 

Special  Reservations*. 

Assignment. 

Composite  Charter*. 

B.  Royal  Charters  (Confirmations). 

(a)     General  Form  (597 — 1225)^ 
(1))     Inspeximus  (1225 — 1516)*. 
{c)     Special  Forms  : 

Pancarta''. 

Confirmation  of  private  donations. 
Innovation  of  earlier  Charters  (royal) ^. 
Innotescimus^ . 

Confirmation  of  grant  under  smaller  seal. 
Confirmation   of  an   earlier   instrument  with   the  clause  Licet 
added  to  condone  dis-user^". 

C.  "Writs  and  Letters  under  the  Great  Seal. 
I.     Royal  ^Vrit  (Executive). 

(fl)     Old  English". 

{b)     Anglo-Norman  (bi-lingual). 

{c)     Anglo-Norman  (Latin)  ^l 

{d)    Transitional^^ 

{e)     Ministerial  or  Departmental". 

^  e.g.  money-payments  for  a  nominal  rent,  or  a  special  tribute  such  as  hawks,  &c.  for 
which  a  scale  of  values  existed. 

^  To  ensure  the  fulfilment  of  the  grant  or  its  equivalent. 

^  e.g.  in  the  case  of  grants  to  a  prince  royal  to  provide  for  reversion  to  the  Crown. 

*  Including  more  than  one  subject. 

*  The  Anglo-Saxon  forms  are  almost  invariably  suspicious.  Yox  the  conventional  form 
1066 — 1225  cf.  above,  p.  240  sq. 

"  The  charter  form  to  be  distinguished  from  that  of  Letters  Patent. 

^  The  term  is  usually  applied  in  this  country  to  private  compilations  which  have  little 
diplomatic  value. 

^  See  above,  p.  240.  *  See  above,  p.  243. 

^*  Licet  plene  usi  non  fue7int  vel  abusi.     With  application  both  to  the  past  and  future. 

"  i.e.  the  vernacular  writs  of  the  Confessor  as  to  which  cf.  above,  p.  201  sq. 

^^  The  conventional  writ  of  the  12  th  century. 

"  i.e.  between  the  last-named  and  the  Letters  Patent  and  Close  at  the  beginning  of  the 
13th  century. 

^*  Including  many  writs  not  regularly  enrolled  in  the  Chancery  Rolls  but  preserved  in 
Files  or  entered  in  Curial  Records,  especially  the  Memoranda  Rolls  of  the  Exchequer, 
together  with  some  quasi-legal  writs. 


Appendix  I  329 

2.  Royal  Writ  (Legal)». 

(a)  "  Original." 
{b)     "Judicial." 

3.  Letters  Patent. 

{a)     General  Form  (1199 — 1907). 

(b)  Special  Forms'^: 

*Grant  (Feoffment),  *Grant  (Lease),  *Grant  (Pension),  *Grant 
(office),  Grant  (Liberties),  *Creation,  *Commission,  •Ap- 
pointment'', Commission  of  Array'',  Confirmation  of  private 
donations',  Inspiximus'^,  Innotescimus^,  *Exemplification, 
*  Constat,  Letters  obligatory*.  Acquittance*,  Assignment*, 
Protection  (simple)^.  Protection  (with  clause  Volumusy, 
Safe-Conduct",  Free  Pass",  *Pardon",  Release  (from 
prison)'*.  Exemption'-',  *Licence  (to  alienate  in  mortmain), 
"'Licence  (to  "crenellate")",  *Licence  (to  hunt  or  hawk), 
•Licence    (for    "  artillery ")  ",    *Letters    of    Denization, 

*  For  the  forms  of  pleadings  upon  these  writs  cf.  alxive,  p.  311.  They  are  derived  in 
point  of  diplomatic  construction  from  the  preceding  form  (Executive). 

^  Omitting  those  in  use  during  the  reign  of  John  which  have  only  a  contemporary  interest 
(cf.  Hardy,  Rot.  Pal.  Preface),  together  with  such  artificial  forms  as  are  denoted  by  the 
mediaeval  terminology  applied  to  the  various  "  Letters  "  (e.g.  "  commendatory," 
"deprecatory,"  "excusatory,"  "monitory,"  "mandatory,"  &c.).  Those  marked  with  an 
asterisk  are  found  in  the  later  period  in  one  form  or  another. 

'  e.g.  of  Collectors,  &c.  of  taxes  {Asstgnavimtis).  Also  of  proctors  for  diplomatic 
missions  (Constititimus).  Appointments  of  Customers  and  Escheators  were  entered  on  the 
Fine  Rolls. 

*  Other  forms  under  Ixith  the  Great  and  Smaller  Seals  were  used  for  this  purpose  (cf. 
Palgrave,  Parliamentary  IVrits,  II.  (i)). 

*  Cf.  the  charter  forms  for  a  like  purpose. 

*  Connectetl  with  the  financial  affairs  of  the  Crown  and  apparently  modelled  chiefly  on 
private  instruments. 

'  Chiefly  for  suspension  of  legal  processes  against  those  engaged  in  the  King's  wars  or 
service  ;  but  also  granted  to  merchants  and  even  for  the  purjxise  of  enabling  the  religious  to 
ask  alms. 

*  Cf.  other  variants  such  as  Quia  moratnr,  Pro/ecturus,  and  Nolumus. 

*  This  was  c<nnmonly  used  in  the  sense  of  a  Protecti<m.  In  the  nuxlern  sense  of  the 
term,  examples  alK)un(i  in  the  "  Treaty  Rolls"  during  the  wars  with  France  and  Scotland  and 
in  the  "  Protection  Rolls"  of  Edward  I. 

"*  e.g.  to  cross  bridges  without  loll.  Similar  forms  of  exemption  were  frequently  granted 
by  later  warrants. 

"  "Ceneral"  and  "special"  (cf.  the  later  "conditional"  form). 

•*  Also  effected  by  Letters  Close.     Delihertxre  is  the  essential  word. 

"  Relieving  subjects  from  liability  to  hold  onerous  (though  distinguished)  offices. 

'*  More  than  one  form  was  used  according  to  the  extent  of  the  fortification  desired«(cf. 
Turner,  Domestic  Architecture,  I.  Appx.). 

'*  The  parent  of  the  modern  gun-licence. 


330  Appendix  I 

Letters  of  Reprisal  (Marque) \  *Invention^,  Writ  of 
Assistance^,  Prohibition'',  *Revocation\  *Proclamation*, 
Statute  '■j  *Credentials  *,  *Full  Powers  *,  *Convention 
(Treaty)*,  *Licence  to  elect',  *Royal  Assent,  *Restitution 
of  Temporalities,  *Presentation,  *Collation. 

{c)     Departmental  Forms^'^  : 

*Grant  of  Arms",  Coket'-,  Dispensation. 

4.     Letters  Close. 

{a)     General  Forms^^  : 

I  Notificatory. 
Declaratory. 

(Narrative. 
Injunctive. 
Conditional. 

{b)     Special  Forms: 

.    Fiscal  Writs"  (Liberate,  Solvatis,  Allocate,  Computate,  Perdona- 
vinius). 
Summons  (military). 

(Summons  (parliamentary). 
Election. 
Wages  (Parliamentary). 
Prorogation '^ 

^  These  were  properly  issued  by  the  Lord  Admiral  under  the  authority  of  General  Letters 
Patent,  of.  Prothero,  Doctiinents  (3rd  ed.),  p.  464. 

^  The  English  form  is  best  known.     A  licence  was  also  conferred  by  Letters  Close. 
■*  Also  used  with  Letters  Close. 

*  e.g.  to  restrain  the  Spiritual  Courts. 
"  i.e.  of  former  Letters  Patent. 

®  For  Proclamation  to  be  made.  In  later  times  the  actual  Proclamation  though  it  was 
usually  enrolled  on  the  Patent  Roll  was  not  in  a  purely  diplomatic  form  nor  was  it  procured 
by  the  usual  instruments. 

^  Cf.  Statute  of  Wales  (1284).  Many  statutes  and  ordinances  were  enrolled  on  the 
Patent  Rolls. 

*  These  instruments  used  in  foreign  diplomacy  were  composed  in  a  notarial  form  in  later 
times  (cf.  French  Rolls,  Hen.  VII — Chas.  II,  and  above,  p.  258). 

"  For  the  sequence  of  this  and  the  following  ecclesiastical  forms,  see  above,  p.  257  sq.  and 
Formula  Book,  Nos.  88 — 93. 

^*  See  above,  pp.  247,  -259. 

^^  Issued  by  a  King  at  Arms. 

^^  Issued  by  the  Customers  at  the  out-ports  under  a  special  seal  (Coket)  as  indicated  in  the 
clause  announcing  sealing.  Similar  instruments  under  the  Great  Seal  were  procured  by  the 
household  officers  in  connexion  with  their  duties. 

'^  Cf.  above,  p.  254  sq.     These  are  enrolled  on  the  Close  Rolls. 

^*  Cf.  above,  p.  256  and  Formula  Book,  Nos.  77 — 81.     They  are  also  specially  enrolled. 

^^  See  Formula  Book,  p.  82,  for  the  sequence  of  these  instruments. 


Appendix  I  331 

5.     Miscellaneous  Letters  and  Writs^ 

Letters  of  Exchanged 
Scutage  Writs  ^ 
Writs  of  Redisseisin*. 

D.     Writs  and  Letters  (Missive)  under  the  Smaller  Seals. 
{a)     Writs  and  Letters  under  the  Privy  Seal. 

The  Privy  Seal  substituted  for  the  Great  Seal*. 

Writ  of  Privy  Seal  (Latin)  substituted  for  the  Great  Seal*. 

„  „       (French)  used  as  a  missive". 

Letters  of      „        (English)        „  »         * 

(I))    Letters  under  the  Signet*. 

Signet  Letter  (French). 
„  (English). 

(c)    Warrants  under  the  Sign  Manual. 
Sign  Manual  Warrant  (English)'". 

{d)    Special    Forms    of    Privy    Seals,    Signet    Letters     and 
W^arrants. 

Benevolence". 

Commission  of  Array". 

Council  Warrant". 

Household  Warrants". 

Debenture  ". 

Dormant  Warrant"*  (Privy  Seal). 

'  These  are  "serial  writs"  forming  special  Chancery  enrolments. 

'  Licences  (to  foreign  merchants,  &c.)  to  issue  letters  of  exchange  with  a  proviso  against 
exporting  bullion.    The  Exchange  Rolls  are  now  classifie<l  as  "Supplementary  Close  Rolls." 

*  e.)^.  pro  hahendo  .S"r«/rt^V», enrolled  on  the  Scutage  Rolls  (Chancery). 

*  Entered  on  the  Redisseisin  Rolls  and  on  the  Originalw  Rolls  of  the  Exchequer. 
'  An  early  phase  noticeable  during  the  reign  of  John  and  minority  of  Henr)'  III. 

*  e.g.  in  the  Edwardian  period. 

^  The  usual  form  in  the  early  period. 

'  The  usual  form  in  the  later  periotl. 

'  An  epistolary  style ;  some  are  paper  documents. 

'*  Cf.  above,  p.  163. 

"  From  Henry  VI  to  Charles  I  (French  and  English  forms). 

''■'  From  the  Edwardian  pcriotl ;  including  impressment  of  shipping. 

"  Countersigne<l  by  the  Lords  of  the  Council. 

'^  Issued  by  the  household  officers  (Chamberlain,  Stewarrl,  Butler,  Ulnoger,  &c.)  in 
connexion  with  the  administration  of  their  several  departments. 

'*  i\g.  of  clerks  of  the  Wardrobe,  under  their  own  seals,  as  certificates  for  payments  due 
from  that  department. 

I"  Providing  for  continuous  payment  of  salaries,  &c.  from  term  to  term. 


332  Appendix  I 

E.  Warrants  under  the  Smaller  Seals  for  Issue  of  the  Great 

Seal. 

(a)     Early  Procedure  (Henry  III — 1536). 

Petition  for  Letters  Patent. 

Signet  Letter  (French,  English)  for  issue  of  the  Privy  Seal. 

Privy   Seal   Writ   (Latin,    French,    English)   for   issue   of  the 
Great  Seal. 
or  Privy  Seal  Bill  (Latin)  for  the  same\ 
or  Signet  Bill  (Latin,  English)  for  the  same'. 
or  Sign  Manual  Warrant  (French,  English)'*. 

(/;)     Special  Forms. 

Fiat\ 

Departmental  Warrants'. 

(c)    Later  Procedure  (1536 — 1851). 

Petition  ^ 

Referenced 

Report^. 

Sign  Manual  Warrant*. 

King's  BilP«. 

Signet  Bill". 

Privy  Seal  Writ ^2. 

{d)     Special  Forms  of  the  above'^ 

Signed  Bill. 
Immediate  Warrant. 

F.  Later  (Secretarial)  Warrants  under  the  Sign  Manual  (i6th — 

19th  centuries)". 
{a)     For  domestic  affairs '\ 

'  Dispensing  with  the  Signet  Letter  and  formal  Writ  of  Privy  Seal. 
^  Em1x)dying  the  I'etition  and  draft  instrument  for  expedition. 

^  Usually  the  actual   Petition  or  draft  instrument  authorized  by  the  Sign  Manual.     For 
variants,  see  above,  p.  263  sq. 

*  For  Protections,  Writs  oi  Allocate,  &c. 

^  Commissions  and  other  instruments  procured  by  officers  of  State  (Treasurer,  Treasurer 
at  War,  Lord  Lligh  Admiral,  Clerk  of  Works,  &c.)  under  their  own  seals. 

*  For  Letters  Patent.  ^  To  the  Law  Officers,  &c. 
«  Of  the  Law  Officers,  &c.  »  For  the  King's  Bill. 

'"  For  the  Signet.  ^^  For  the  Privy  Seal. 

■•^  For  the  Great  Seal.     For  the  latest  practice,  see  Anson,  op.  cit,  p.  55  n. 
^^  To  dispense  with  the  usual  procedure,  see  Formtda  Book,  p.  117. 

^*  The  Royal  Warrant  largely  supersedes  the  earlier  foi-mal  instruments  during  this  period, 
owing  to  the  new  importance  of  the  Secretary  of  State's  Office. 

''  These  are  chiefly  preserved  amongst  the  Domestic  State  Papers. 


Appendix  I  333 

1.  Royal  Warrant  (Latin)  in  the  Chancery  form'. 

2.  „  (English)  in  the  same  form^ 

3.  „  „  in  an  epistolary  form*. 

4*  »  >j 

Special  (Chancery  or  epistolary) '  forms :  'Commissions  \ 
♦Grants  of  Office',  *  Pardon",  Reprieve  ^  Approbation*, 
Warrant  for  Game^  to  swear",  for  engraving  new  Signets, 
for  ambassadors'  wines,  &c.  duty-free",  to  press  ships'*,  for 
civil"  or  military  Establishments";  Licence  to  plead",  to 
print'*,  to  kill  stags'*,  to  return  to  England'",  to  enclose'*; 
to  enter  foreign  service,  or  wear  foreign  orders,  &c. ;  to 
search  for  pirates'",  wreck,  &c. ;  for  denization,  change 
of  name-"",  to  bear  arms;  for  inventions-',  to  be  absent  from 
duty^-. 

5.  Proclamation'". 

6.  Secretary  of  State's  Warrants'". 

'  Chiefly  used  for  procuring  Letters  Patent ;  distinguished  (in  English)  by  the  precept 
"Our  will  and  pleasure  is";  including  warrants  for  Creations,  Writs  of  Error  and  other 
special  judicial  processes  ;  for  ecclesiastical  instrunnents  (Conimendams,  Dispensations,  Royal 
Assent,  iSic),  Revocations,  ^:c.,  &c. 

■*  Chiefly  used  as  missive  instruments;  distinguished  by  the  address  "Trusty  and  well- 
beloved,"  &c. 

^  Characteristic  of  the  17th  and  i8th  centuries.  Those  marked  with  an  asterisk  are  also 
largely  used  as  warrants  for  issue. 

■*  e.g.  military  down  to  1794. 

'  i.e.  those  no  longer  granted  by  Letters  Patent. 

'  e.g.  Special  Pardons  for  insertion  in  a  General  I'ardon.     Also  conditional  Pardons. 

'  For  respite  or  non-execution  of  the  death  sentence. 

*  Of  the  election  of  Mayors,  Recorders,  Town-clerks,  foreign  agents,  iVc. 

"  For  the  preservation  of  game  in  a  certain  district  by  a  local  magnate;  also  for  the 
King's  game. 

'"  To  swear  in  household  officers,  &c. 

"  l^ter  efl'ected  by  Treasury  Warrant. 

'■"  In  much  the  same  form  under  Charles  II  as  under  Edward  III. 

'*  I>ater  procured  by  the  Secretary  at  War. 

'*  For  King's  Counsel  to  take  private  briefs. 

'*  A  "  privilt^e"  in  the  nature  of  a  monopoly. 

'•  Usually  for  keepers  of  royal  forests. 

'^  For  Jacobites  and  other  political  offenders.  •  • 

'*  Paths  and  high-ways,  &c. 

'"  e.g.  for  Fast  India-men. 

*"  Including  that  of  a  foreign  vessel  (prize). 

■■"  Pending  the  grant  of  Letters  Patent. 

*•  For  .Secretaries  of  State  or  for  sheriflfs,  iVc.  to  reside  outside  their  counties. 

'^  See  above,  p.  330,  n.  6. 

*•  For  search,  apprehensitm,  and  commitment  of  suspected  |K"rs<»ns ;  to  seach  the  Presses 
for  treasonable  documents;  to  prevent  duels;  to  keep  in  custwiy;  to  deliver  to  messengers; 
to  "take  up"  witnesses;  to  admit  a  prisoner's  friends;  to  discharge  from  custt)dy ;  for  the 
protection  of  individuals.    AU  of  the  above  were  attested  by  the  Secretary  of  State. 


334  Appendix  I 

7.  Secretary  of  State's  departmental  Warrants. 

Special  Forms:  Pass\  Pass-port'-,  Post-warrant^  Caveat"*. 

{b)    Foreign  affairs. 

8.  Pass.     (For  envoys  and  subjects  travelling  abroad^) 

9.  Credentials.     (Letters  of  credence  for  envoys  to  foreign  courts*.) 

10.  Letter  of  Recall  (or  "Revocation")  for  the  same". 

11.  Full  Power*. 

(a)  Notarial  Form. 

(b)  Chancery  Form. 

12.  Certificate  for  an  envoy  to  kiss  hands  on  his  departure  or  return*. 

13.  Commission  for  a  Consul*". 
{c)     Royal  Household". 

{d)    Delegated  authority  to  local  officials^^ 

G.     Royal  Letters". 

I.     King's  Letters  (Mediaeval). 

^  A  safe-conduct  or  licence  to  travel  (for  discharged  soldiers,  foreign  agents  or  refugees, 
emigrants,  &c.). 

^  For  ships.     Addressed  to  admirals  and  governors  of  forts,  &c. 

'^  Either  an  order  for  the  supply  of  post-horses,  &c.  to  king's  messengers,  &c.  or  a  "bill 
of  craving"  allowed  to  ambassadors,  &c.  for  "postages,"  &c.  generally  known  as  his 
' '  extraordinaries. " 

*  A  minute  to  suspend  the  placiiig  of  the  Signet  to  instruments  intended  to  pass  the 
Great  Seal  in  view  of  official  or  private  interests  to  the  contrary. 

^  Latin  (till  middle  i8th  cent.)  and  English  ;  the  former  in  a  notarial  style  as  letters 
commendatory  addressed  to  all  foreign  princes,  &c. 

®  Later  in  an  epistolary  style.     Also  "Recredentials"  for  the  same. 

''  In  a  two-fold  form  (a)  addressed  to  the  envoy,  enclosing  {b)  an  intimation  to  the  foreign 
court  that  his  services  are  required  elsewhere. 

**  Originally  a  commission  appointing  a  royal  proctor.  The  essential  vi'ords  were 
"plenam  pote3tatem...communicandi,  conferendi  et  concludendi...spondentes,...in  verbo 
principis  quaecunque,...nostro  nomine  transigentur,...rata,  &c.  habituros." 

*  Countersigned  by  the  Secretary  of  State,  but  not  under  the  Sign  Manual.  This  formality 
was  probably  to  indicate  the  period  of  employment  and  consequent  allowances. 

^^  Commissions  were  also  issued  to  Secretaries  of  Legation.  Two  forms  of  Consular 
commissions  were  used,  (a)  for  a  new  port,  with  a  preamble  setting  forth  the  advantages  to 
Trade  from  the  appointment,  {b)  for  an  existing  port,  omitting  this  preamble. 

^^  Addressed  to  the  Lord  Chamberlain's  and  Lord  Steward's  departments,  including 
Warrants  for  servants,  stables,  public  funerals,  &c.,  provisions,  swans,  playhouses,  &c. 

*^  ^-S-  prerogative  of  Pardon  exercised  by  Colonial  governors ;  Passes  issued  by  Consuls  ; 
Warrants  of  Justices  of  the  Peace,  &c. 

i"*  These  do  not  include  (according  to  the  usual  practice)  letters  addressed  to  the  Sovereign. 
The  former  should  be  classified  from  a  diplomatic  point  of  view  amongst  semi-official  docu- 
ments preserved  amongst  State  Papers  as  "Royal  Letters"  or  official  "In-Letters." 


Appendix  I  335 

(a)     Early  style  (12th  and  13th  centuries)  (Latin  and  French)'. 

{b)     I-ater  style  (14th  and  15th  centuries)  (I.atin,  French  and  English)'. 

2.  King's  Letters  (Modern)'.     (Latin,  French  and  English'.) 
(rt)     Ceremonious  (I^tin,  French). 

{b)     Familiar  (French,  English). 

3.  Secretary's  Letters.     (English.) 

(a)  In  the  King's  name^ 

(b)  In  the  Secretary's  name^ 

4.  Departmental  Letters-^     (English.) 


H. 


Departmental  Instruments".     (English.) 

I. 

The  Minute". 

2. 

The  Reference. 

3- 

The  Report. 

4. 

The  Order. 

5- 

The  Instruction. 

6. 

The  Warrant. 

7- 

The  Commission. 

8. 

Miscellaneous  Instruments*. 

(ii)    SEMIOFFICIAL  INSTRUMENTS. 

A.     Conveyances".     Deed  Polls'",  Indentures",  Releases'-,  Fines",  Leases 
and  Pensions'*. 

'  See  above,  p.  270  sq. 

*  Tliese   are   the    "Royal    Letters"   addressed   to   foreign    ]X)tentates    on   ceremonious 
occasions  which  are  preserved  under  that  title  amongst  the  Foreign  State  I'apers. 

*  In  the  style  of  Signet  Letters  (see  above,  p.  375). 

*  One  of  the  forms  of  the  olVicial  letter  still  employed. 

'  From  a  board  of  otlicers  or  individual  minister  or  agent.     Another  form  of  official 
letter  slill  in  use. 

*  Si>ecial  forms  or  developments  of  the  departmental  letter. 

^  For  this  and  the  secjuence  of  forms  that  follows,  see  alx»ve,  p.  176  sq. 

*  e.g.  Certificates,  I)el)enlures,  Cartels,  &c. 

*  Enrolled  or  fded  by  favour  or  common  pr.ictice  in  the  Rolls  of  Chancery  (Close,  Fine) 
or  King's  Courts. 

*"  Feoffments. 

"  Lease  and  Release,  Bargain  and  Sale. 

'*  Actpiiltanccs,  Quit-claims  (in  favour  of  the  Crown),  Surrenders  of  Office,  &c. 

'■'  Concords  made  and  enrolled  in  Courts  of  Law. 

'^  Conventual  I  .eases,  Pensions  and  Corrodies,  &c. 


2,2,6  Appendix  I 

B.  Contracts  ^     Bonds ^    Recognizances ^    Assignments ^    Indentures', 

Oaths ». 

C.  Certificates.      Notifications^,     Acknowledgments*,     Awards",     Mis- 

cellaneous^". 

D.  Letters  and  Reports". 

E.  Petitions  and  Addresses^-. 

F.  Notarial  Instruments ^^ 

(iii)     DIPLOMATIC    DOCUMENTS  (Private)". 

A.  Conveyances  (original  and  derivative). 

1.  Feoffments.      Fee-simple,    Fee-tail,    Demise   for   life.    Demise   for 

years.  Fee-farm,  Frankalmoigne,  Mortgage,  Will,  Manumission, 
Exchange,  Partition,  Rent-charge,  Pension,  Corrody  or  Pit- 
tance, &c. 

2.  Confirmations. 

3.  Releases.     Quit-claim,  Surrender,  &c. 

B.  Contracts.     Concord,    Use,    Simple    bond,    Defeazance,    Letters    of 

Attorney,  Letters  of  Proxy,  Assignment,  Oath,  Fealty,  Ho- 
mage, &c. 

^  Enrolled,  chiefly,  in  the  Close  Rolls  or  Exchequer  Memoranda  Rolls. 

*  Jewish  "Starrs,"  obligations  to  "royal  merchants,"  Statutes  Staple,  &c. 

*  For  due  performance  of  office,  &c. 

■•  Of  interests,  appointment  of  attorneys,  proxies,  &c. 

*  Articles  of  Clerkship,  Disentailing  Deeds,  Charitable  Uses,  Indentures  of  War,  for  safe 
transfer  of  jewels,  records,  &c. 

•^  Official  or  judicial  and  political  (enrolled  or  entered  as  precedents). 

"^  Yox  naturalization,  change  of  name  or  residence,  sacramental  certificates,  &c., 
"Deputations"  of  persons  to  perform  the  duties  of  certain  offices  on  behalf  of  Household 
officers  and  others. 

*  e.g.  by  married  women  under  the  Act  of  William  IV. 

*  Enclosure  Awards,  &c. 
^^  By  local  officers,  &c. 

1'  These  written  by  private  individuals  and  addressed  or  communicated  to  ministers 
form  a  large  portion  of  the  State  Paper  collection.  Their  semi-official  character  is  due  to 
their  having  been  filed  or  entered  in  the  Archives. 

^-  Classified  here  for  the  same  reason  as  above.  For  Petitions  in  Chancery  see  above,  E. 
(a)  and  (c). 

^■'  Executed  by  order  of  the  Crown  or  procured  by  royal  officers  in  connexion  with 
diplomatic  correspondence  or  semi-official  business.  Also  occasionally  enrolled  from  an 
ecclesiastical  source.     Later  a  large  mass  of  Admiralty  Records  of  this  nature  is  preserved. 

"  P'or  examples  of  the  following  types  see  Madox  Formulare  Anglicanum,  and  Calendar 
of  Ancient  Deeds  (Rolls).  Many  collections  of  formulas  exist  both  early  and  modern, 
printed  and  manuscript.  It  has  been  explained  elsewhere  that  these  instruments  and  letters 
have  found  a  place  amongst  official  documents  by  casual  or  arbitrary  means,  and  we  are  not 
directly  concerned  here  with  their  evolution  or  significance. 


Appendix  I  -^^il 

C.  Certificates.     NotHia,  Receipt  or  acquittance,  &c. 

D.  Letters^. 

E.  Notarial  Instruments*. 

II.     MINISTERIAL    AND    JUDICIAL    PROCEEDINGS. 

(i)    ROYAL  SURVEYS,  INQUISITIONS,  AND  ASSESSMENTS^, 
{a)    Agrarian  Surveys. 
(b)     Fiscal  Inquisitions  and  Assessments. 

(i)  Assessments  on  the  Hide  (Geld  Rolls,  Inquisitions  of 
Hidage,  Hidage  Books,  Inquisitions  of  Carucage, 
Local  Assessments,  &c.). 

(2)  Assessments  on  the  Knight's  Fee  (Scutage,  Aid,  &c.). 

(3)  Decimal     Assessments,    &c.     (Tithe,     Poundage,    Capi- 

tage,  cSjc). 

{c)     Feudal  Inquests  (Escheats,  Proofs  of  Age,  Sergeanties,  Knighthood, 
Lunacy,  Ad  quod  Damnum,  Regards  of  the  Forest,  &c.). 

(^)    Statutory  and  Political  Inquisitions. 

(ii)     ACCOUNTS. 
A.     Royal  Accounts. 
(a)     Original. 

(i)     Subsidiary*  ("Particulars"  or  vouchers). 
(2)     Final'  (as  engrossed  for  audit). 
(p)     Enrolments. 

(i)    Exchequer  (Revenue)  Rolls*. 
(2)     Departmental  Accounts'. 

*  From  one  private  individual  to  another. 

'  Indulgences,  &c.  casually  deposited  in  official  custody. 

'  For  examples  of  these  Records,  see  Formula  Book,  Part  II. 

*  The  details  in  the  ledger  or  sub-accountant's  return,  r.arely  preserved  and  referred  to  in 
the  final  account  as  '*  Particulars." 

*  Summarizing  the  above  in  a  conventional  form. 

*  i.e.  Pipe  Roils,  Foreign  Rolls,  Receipt  and  Issue  Rolls,  Declared  Accounts.    The  Pipe 
Roll  itself  embodies  returns  made  to  the  Summonses  of  the  Exchequer. 

'  i.e.  Journals,  Ledgers,  &c.  of  the  several  Departments  of  State. 

H.  22 


338  Appendix  I 

{c)     Estreats  (or  Parcels)  \ 
{d)    Precedents  I 
B.     Private  Accounts\ 

(iii)    JUDICIAL  INQUISITIONS. 

(a)  Original  Writs, 
{b)  Judicial  Writs. 
{c)     Pleadings. 

^  Abstracts  communicated  by  one  department  to  another  or  preserved  for  convenience  of 
reference. 

^  i.e.  Compilations  or  statistics  entered  in  various  Registers  such  as  the  "  Miscellaneous 
Books  "  of  the  Exchequer  departments. 

^  Usually  following  the  same  forms  as  Royal  Accounts  {a)  and  {d)  and  to  be  regarded 
(like  private  deeds  and  correspondence)  as  casually  deposited  in  the  Archives. 


APPENDIX    II. 

Early  Diplomatic  Criticism. 

Numerous  instances  of  diplomatic  criticism  could  probably  be  found  in 
mediaeval  histories  or  chronicles  in  addition  to  the  following  passages  to 
which  reference  was  made  in  the  text^ 

Next  to  the  pseud-Ingulf  and  the  chronicler  of  Battle,  the  author  of  the 
Historia  Monasterii  Sancti  Augusti?n  is  the  most  explicit  of  our  mediaeval 
commentators  upon  the  Old  English  diplomata.  Although  the  naivete  of 
this  writer's  explanations  may  provoke  a  smile,  we  should  really  be  grateful 
for  any  explanation  at  all.  It  was  in  connexion  with  the  foundation  charters 
of  this  church  that  a  hot  dispute  between  the  Abbot  and  the  Primate  was 
brought  before  the  Roman  Curia  in  the  reign  of  Henry  IP.  Fortunately  for 
us  this  local  rivalry  caused  one  of  the  greatest  of  the  Canterbury  scholars 
to  take  part  in  the  diplomatic  discussion  concerning  the  validity  of  the  above 
"  charters."  This  was  Gervase  the  historian,  who  remarked"  in  connexion 
with  the  famous  instruments  which  still  occupy  the  place  of  honour  in  our 
Codices*,  that  the  oldest  erat  rasa  et  subscripta,  ac  si  esset  emendata,  et  absque 
sigillo,  whilst  the  next  in  date  mul/o  erat  recentior,  de  qua  bulla  plumbea...^ 
no7>a  valde,  dependebat.  He  also  notes  that  objection  was  made  to  the  material 
of  the  bulla  and  to  the  phraseology  which  a  Romano  stilo  dissona  videbatur. 
The  History  of  Ramsey,  compiled  in  the  13th  century,  preserves  some  ex- 
tremely curious  notices  of  Anglo-Saxon  charters,  including  an  explanation 
of  the  absence  of  seals  which  apparently  comes  from  the  same  source  as  that 
previously  referred  to  in  connexion  with  the  works  of  the  pseud-Ingulf  and 
Thomas  of  Elmham*. 

Another  instructive  topic  of  early  diplomatic  criticism  is  found  in  the 
discussion  by  mediaeval  writers  of  the  admissibility  of  I^tin  versions  of  Old 
English  charters.  Here,  whilst  admitting  the  possibility  of  a  certain  amount 
of  scepticism  being  excited  by  the  non-production  of  vernacular  deeds,  the 
inconvenience  of  reference  to  these  barbarous  instruments"  is  held  to  justify 

'  P.  185.  »  Hist.  Mon.  S.  Aug.  (Rolls),  p.  118. 

»  Gervase,  l.  396  (Rolls  ed.).  *  C.  S.  l. 

•  Chron.  Rames.  pp.  65,  i6i,  and  above,  p.  109  sq. 

"  Some  instructive  comntents  on  the  etymology  of  the  place-name  Thorney  will  he  found 
in  W.  Malmes.  Gest.  Pont.  326;  Liber  de  I/ida,  182;  Chron.  tie  Abingdon,  II.  161;  /Wy- 
chroniton,  v.  426  (cf.  C.  S.  mS,  and  Ordn.  Fais,  Part  II.  Preface),  throwing  some  light 
on  the  authenticity  of  a  supi>oseil  8th  century  charter  (C.  S.  145). 

22 — a 


340  Appendix  II 

an  idiomatic  translation  into  Latin.  In  other  cases,  however,  the  vernacular  is 
preserved  alongside  of  the  version  to  satisfy  any  scruples  that  may  be  enter- 
tained by  the  parties  concerned. 

In  other  cases,  however,  the  commentaries  of  mediaeval  writers  will  be 
found  to  be  of  very  little  value.  Heming,  the  faithful  and  industrious  carto- 
grapher of  the  church  of  Worcester,  was  apparently  unable  to  distinguish  in 
every  case  between  a  genuine  document  and  a  forgery,  and  the  same  remark 
will  apply  to  the  equally  ingenuous  compiler  of  the  Textus  Roffensis.  Again, 
Matthew  Paris,  who  may  be  regarded  as  the  type  of  the  scientific  historian  of 
his  age,  did  not  hesitate  to  accept  the  mythical  origins  of  the  earliest  diplomata 
of  his  own  house'. 

Although  the  inclusion  of  so  many  worthless  forgeries  in  our  printed  Codices 
must  deter  us  from  passing  any  harsh  judgment  on  the  critical  intelligence  of 
the  mediaeval  historian,  we  may  feel  some  surprise  and  impatience  at  the 
general  indifference  displayed  by  these  learned  clerks  for  diplomatic  niceties. 
An  archdeacon,  for  instance,  should  surely  have  known  better  than  to  certify 
to  the  Pope  that  a  disputed  charter  of  King  Edgar  appeared  to  be  genuine 
because  it  was  sealed  with  the  seals  of  that  king,  of  archbishop  Dunstan  and 
of  Alfred,  duke  of  the  Mercians^.  Nevertheless  the  mere  fact  of  these  forgeries 
being  questioned  is  of  interest.  Still  more  interesting  is  the  action  taken  by 
the  Roman  Curia  in  the  case  of  a  forged  bull  in  the  year  1 1 98,  the  canons  of 
diplomatic  criticism  that  were  laid  down  on  this  occasion  being  singularly 
valuable  ^  A  little  later  we  have  another  interposition  by  the  same  authority, 
in  the  famous  suit  between  the  bishop  of  Worcester  and  the  Abbot  of  Evesham. 
On  this  occasion  a  commission  was  issued  for  the  examination  of  certain 
suspected  charters  which  purported  to  have  been  procured  by  bishop  Egwin  in 
the  reign  of  King  Offa*. 

At  the  same  time  it  may  be  necessary  to  distinguish  between  the  critical 
capacity  of  the  monkish  historian  and  that  of  the  official  scribe.  The  know- 
ledge displayed  by  writers  like  the  author  of  the  Dialogus  de  Scaccario,  Glanvill 
and  Bracton^  is  quite  remarkable.  This  knowledge  is  even  shared  by  the 
clerks  who  drafted  ordinances  of  Parliament*  or  entered  royal  letters  in  the 
Chancery' rolls''. 

^  Gest.  Abbat.  I.  39;  Chron.  Major.  VI.  A  more  critical  account  is,  however,  found  in 
Gest.  Abbat.  I.  151,  and  n.  262. 

^  Rot.  Chart,  i.  xxxv.  «.  6 ;  Hickes,  Dissert.  Epist.  p.  71. 

^  Potthast,  No.  365 ;  Giry,  Man.  de  Dipt.  p.  682  sq. 

*  Hist.  Evesham  (Rolls),  pp.  xviii,  xix,  17,  193. 

^  Cf.  Rolls  ed.  III.  208,  VI.  140  sq. 

®  See  the  Indexes  of  the  Statutes  and  Rolls  of  Parliament  and  cf.  Owens  College  Historical 
Essays,  p.  193  sq. 

''  Above,  p.  230. 


APPENDIX    III. 

The  Charters  of  King  /Ethelstan. 

This  comparatively  short  reign  of  less  than  15  years  has  enriched  our 
Codex  with  upwards  of  too  diplomata  of  which,  however,  about  a  third  are 
negligible  forms'.  Of  the  residue  of  credible  examples,  by  far  the  largest 
proportion  (18)  is  furnished  by  the  church  of  Winchester,  whilst  Abingdon  (12), 
Malmesbury  (8),  Christ  Church,  Canterbury  (6),  Exeter  (5),  and  Worcester  (4), 
are  well  represented.  The  following  houses  contribute  the  remaining  forms : 
Shaftesbury  (3),  Wilton  (3),  Sherborne  (2),  Crediton  (2),  Bath,  Chichester, 
St  Augustine's,  Canterbury,  Chertsey,  York,  St  Paul's,  Thorney  (i). 

Whether  we  have  here  the  bulk  of  the  genuine  diplomata  executed  during 
this  reign  is  a  question  that  could  not  easily  be  answered*.  Those  enumerated 
above  may  be  regarded  as  permissible  forms  merely  on  account  of  their 
regular  construction  and  without  regard  to  their  origin  or  probable  authenticity 
which  would  depend  on  considerations  that  have  been  expressed  elsewhere*. 
Fourteen  of  the  charters  of  this  reign  purport  to  be  in  an  original  form,  and 
thirteen  have  been  reproduced  in  the  official  series  of  Facsimiles*,  whilst  the 
remaining  specimen  has  recently  been  printed*.  Of  these,  however,  one  is  a 
later  imitation*;  another  is  an  nth  century  copy^  and  four  of  the  Exeter 
group  may  be  regarded  with  a  certain  amount  of  suspicion.  Twenty-eight 
charters  of  this  reign  are  marked  as  suspicious  in  the  Codex  Diplomaiicus,  though 
one  of  these  at  least  may  be  considered  genuine* ;  whilst  several  others  which 
have  not  been  "starred"  by  Kemble  might  be  considered  doubtful. 

It  should  be  noticed,  however,  that  two  of  these  charters  (C  S.  670,  671) 
should  be  dated  941  instead  of  931  on  the  high  authority  of  the  editors  of  the 
Crawford  charters,  and  therefore  belong  properly  to  the  reign  of  Edmund. 
At  the  same  time  the  obviously  mis-dated  charter  of  Edward  (C  S.  635)  has 
been  counted  amongst  the  charters  of  his  successor,  whilst  the  charter  of  943 

•  i.e.  imperfect,  irregular  or  grote.s<iue  examples. 

'  In  any  case  the  position  is  in  this  respect  the  same  relatively  as  that  of  other  reigns. 
»  Above,  p.  184.  *  British  Museum  and  Ordnance  Office. 

•  Napier  and  Stevenson,  Crawford  Charters,  pp.  5,  65. 

•  Cotton  Charter,  VII.  11.  '  Add.  Charter  19516. 

•  C.  D.  66().  on  the  authority  of  the  learned  editors  of  the  Crawford  Charters  (p.  65). 


342  Appendix  III 

(C.  S.  785)  attributed  to  this  king  has  been  ignored.  Another  charter  marked 
by  Kemble  as  suspicious  (C.  D.  740)  is  dated  939,  but  will  be  found  to  be  a 
barefaced  attempt  to  transfer  the  formulas  of  ^thelstan's  reign  to  that  of 
^lfred\ 

Below  will  be  found  a  general  concordance  of  the  formulas  which  are 
found  in  three  charter-forms  of  this  reign.  These  types  have  been  selected  from 
a  complete  concordance  of  formulas  for  this  reign  which  is  excluded  by  con- 
siderations of  space.  For  a  similar  reason  the  minor  variants  have  also  been 
excluded.  Certain  misplaced  or  imperfect  specimens  have  been  indicated  by 
brackets. 

Specimens  of  Charter  Formulas  of  the  reign  of  ^thelstdn. 
I.     Preambles. 

(a)     Flebilia  fortiter  detestanda — "date  et  dabitur  vobis^." 

C.  S.  [635],  674,  677,  68g,  692  (Winchester). 
C.  S.  691  (Shaftesbury). 
C.  S.  695,  696  (Sherborne). 
C.  S.  6j5  (Abingdon). 
C.  S.  694  (Crediton). 

hwocation.     Wanting. 

Superscription.     Ego   ^thelstanus   rex    Anglorum    per    omni- 
patrantis — 

Subscription    {Royal).     Ego    ^^thelstanus    singularis    privilegii 

ierarchia — 
Exposition.     Qua  de  re — jocunditatem. 
Dispositive  Clause.     Quandam  telluris  particulam — 

Sanction.     Si    autem,    quod    absit,   aliquis    diabolico    inflatus 
spiritu — 

Date.      Hujus    namque    a    Deo...inspiratge     atque     inventae 
voluntatis  schedula — 

{b)     Fortuna  fallentis  saeculi — suavia  audiantur^ 
C.  S.  702  (Winchester),  a.d.  934. 
C.  S.  703  (York),  A.D.  934. 
C.  S.  704,  718,  719  (Malmesbury),  a.d.  937. 
C.  S.  745  (Wilton),  A.D.  937. 
Invocation.     Wanting. 

^  This  is  presumably  a  composition  of  ^thelstan's  reign  assigned  to  that  of  iElfred.     For 
other  cases  of  borrowed  formulas  see  Crawford  Charters,  p.  in. 
"  As  in  C.  S.  6-j'j  and  694-,  with  a  few  variants. 
'  As  in  C,  S.  702,  with  a  few  variants. 


Appendix  III  343 

Superscription )    .     .     ,  v 
Stibscription     )  ^  ' 

Exposition.     As  in  (a). 

Dispositive  Clause.     As  in  (a). 

Sanction.     As  in  (a). 

/?«/■(?  and  Attestation.     As  in  (a). 

(/)     Egregius  agonista  sermocinatus  est — properemus  ad  ^egna^ 

C.  S.  728  (Malmesbury),  a.d.  938. 

C.  S.  730,  734,  740  (Winchester),  a.d.  938 — 9. 

Invocation.     Absent^. 

Superscription.     Favente   superno   numine   basileos   industrius 
Anglorum — 

Subscription.     Ego    -^thelstanus...praefatam     libertatem    cum 
sigillo  sanctae  crucis  confirmavi. 

Exposition.     Quamobrem...desiderio  regni  coelestis  exardens — 

Dispositive  Clause.     Cuidam  adoptive  fideli — 

Sanction.     Denique  vero  si  quis,  nobis  non  optantibus — 

Date.     Acta  est  haec  praefata  donatio  anno  ab  Incamatione — 

II.     Style. 

(i)     Superscriptions. 

{a)     With  Flebilia,  &*c.  and  Eortuna,  6^f. 

Ego  ^thelstanus,  rex  Anglorum,  per  omnipatrantis  dexteram 

totius  Brytanniae  regni  soHo  sublimatus'. 
C-  ^-  [635].  674,  677,  689,  692,  694—696,  702—704,  716,  718, 
719.  745- 
(b)     With  Egregius. 

Favente  superno  numine  basileos  industrius  Anglorum  cunc- 

tarumque  gentium  in  circuitu  persistentium*. 
C.  S.  728,  730,  734,  740  {wit A  variants). 

(ii)     Subscriptions  {Royal). 

{a)     With  Flebilia^  6-f.  and  Fortuna,  dfc. 

Ego    iiithelstanus     singularis     privilegii     ierarchia    (florentis 
Britanniae  monarchia)  praeditus  rex,  hujus  indiculi  acumen 

*  As  in  C.  S.  734,  with  a  few  variants. 

•  In  C.  S.  718  an  Invocation  has  l)ccn  prefixed  in  a  later  copy. 

•  With  variants,  e.g.  ptr  omnipolentis^  in  njost  of  the  Fortuna  falUntis  scries. 

*  C  5'.  734  has  a  noticeable  variant. 


344  Appendix  III 

(fulcimentum)    cum    signo    sanctae     semperque     amandae 
(adorandse)  crucis  corroboravi  et  subscripsi^ 

C'  S.  [635],  674—677,  689,  691,  692,  695,  696,  702—704,  716 
(w/t/i  variants). 

{b)     With  Egregius,  &'c. 

Ego  yEthelstanus,  rex  totius  Britanniae,  pr£efatam  donationem 
cum  sigillo  sanctae  crucis  confirmavi. 

C.  S.  [694],  728,  730,  734,  740  {with  variants). 

III.  Expositions. 

(a)     With  Eortt/na,  dr^c. 

Cujus  amore  feHcitatis  illectus,  fastidiunt  jam  infima,  dulcescunt 
superna,  eisque  pro  percipiendis  semperque  specie  inde- 
fectiva  fruendis^. 

C.  S.  702—704,  716,  718,  719,  745. 

{l>)     With  F/ehVia,  6rc. 

Qua  de  re,  infima  quasi  peripsema  quisquiliarum  abiciens, 
superna  ad  instar  pretiosorum  monilium  eHgens,  animum 
sempiternis  in  gaudiis  figens,  ad  nanciscendam  meUiflute 
dulcedinis  misericordiam,  perfruendamque  infinitae  letitiae 
jocunditatem. 

C.  S.  [635],  674 — 677,  689,  691,  692,  694 — 696  {^vith  variants). 

(c)     With  Egregius,  dr'c. 

Quamobrem...desiderio  regni  coelestis  exardens. 

C.  S.  728,  730,  740^ 

IV.  Dispositive  Clauses. 

(a)     With  Flebilia,  ^c.  and  Eortuna,  6^r. 

Quandam  telluris  particulam  meo  fideli  ministro...;  id  est... 
cassatarum  in  loco  quern  solicolae...vocitant,  tribuo,  ut  ille 
earn,  sine  jugo  exosae  servitutis,  cum  pratis,  pascuis,  silvis, 
rivulis,  omnibusque  ad  eam  utilitatibus  rite  pertinentibus 
Hberaliter  ac  aeternaUter,  quamdiu  vivat,  habeat;  et  post 
generalem,    qui   omnibus,    certus   incertusque,    homuncuHs 

^  C.  S.  694  has  the  form  in  (b)  below.     C.  S.  718,  719,  745  are  incomplete  or  imperfect. 
^  With  noticeable  variants  in  C.  S.  719  and  745. 

*  C.  S.  734  has  Quapropter  and  no  more.     This  Exposition  is  closely  involved  with  the 
Superscription,  a  not  infrequent  occurrence. 


Appendix  III  345 

constat  transitum,  cuicumque  successionis  haeredi  voluerit 
imperpetuum  derelinquat'. 

C.  S.  [635],  674—677,  689,  691,  692,  695,696,  702—704,  745 
{b)     With  Egregius,  ^'c. 

Cuidam  adoptive  fideli  meo...vocitato  ob  illius  amabile  obse- 
quium  dignatus  sum  largiri...mansas  agelluli  ibidem  ubi 
vulgares  prisco  more  mobilique  relatione  vocitant...;  cum 
pratis,  pascuis  necnon  et  silvis,  silvarumque  densitatibus : 
ut  haec  prospere  possideat  ac  seternaliter  teneat  dum  hujus 
aevi  fragilis  cursum  uti  audebit;  post  se  autem,  veluti 
affirmavimus,  cuicumque  voluerit  heredi  derelinquat.  Fiat 
etenim  praefata  terra  ab  omni  servili  jugo  libera,  exceptis 
his  tribus,  expeditione,  pontis  arcisve  coedificatione^ 

C.  S.  728,  730,  734,  740. 

V.     Sanctions. 

(a)     With  Flebilia^  &'c.  and  Foriuna,  dr'c. 

Si  autem,  quod  absit,  (non  optamus)  aliquis  diaboHco  inflatus 
spiritu  banc  meae  donationis  breviculam  infringere  vel  elidere 
temptaverit,  sciat  se  novissima  ac  magna  examinationis  die, 
stridula  clangente  Archangeli  salpice,  bustis  sponte  de- 
hiscentibus,  somata  jam  rediviva  relinquentibus,  elementis 
omnibus  pavefactis,  cum  Juda  proditore,  qui  a  satoribus  pio 
sato  "filius  perditionis"  dicitur,  aeterna  confusione  edacibus 
ineffabilium  tormentorum  flammis  periturum^ 

C'  S.  [635],  674—677,  689,  691,  692,  694—696,  702—704. 
{b)     With  Egregius,  ^^c. 

Si  quis  autem,  quod  non  optamus,  banc  nostram  difinitionem, 
elationis  habitu  incedens,  infringere  temptaverit,  perpessus 
sit  gelidis  glaciarum  flatibus  et  pennino  exercitu  malignorum 
spirituum,  nisi  prius  inriguis  poenitentiae  gemitibus  et  pura 
emendatione  emendaverit^ 

■  With  many  variants,  notably  a  curious  periphr.xsis  for  i/natndin  vivat.  In  some  a  condition 
is  inserted,  and  in  others  the  assertion  quamdiu  Christianitas  vigeat  occurs.  The  dispositive 
word  in  the  Exeter  group  is  largitus  sum.  For  the  special  form  of  C.  S.  694  see  Formula 
Book,  No.  4. 

'  With  special  variants  in  C.  S.  734. 

•  This  corrupt  composition  has  numerous  interesting  variants,  as  though  successive 
rhetoricians  were  bent  on  enhancing  the  impressive  effect  prmluced  by  the  description  of 
the  Day  of  Judgment  and  Kternal  Punishment  for  transgressors.  In  C.  S.  716,  718,  719 
and  745  (the  last  iK-ing  incomplete),  from  the  Church  of  Malmesbury  we  find  the  simple 
version  Quot/  si  </uis</uam  temptaverit,  a  Deo  imperpetuum  dampuandum  seiat. 

*  This  is  the  "glacial  curse"  referre<l  toalK)ve{p.  198).  Cf.  also  C,  S.  753,  756,  757,  759, 
767.  78'.  783.  8«3.  8''- 


34^  Appendix  III 

C.  S.  728,  734  {with  variants  in  the  former.  A  different  type 
occurs  in  C.  S.  730  and  740). 

VI.     Dates  and  Attestations. 

(a)     With  Flebilia,  &'c.  and  Fortuna,  &'c. 

Hujus  namque  a  Deo,  Dominoque  Jesu  Christo  inspirate  atque 
inventae  voluntatis  scedula,  anno  Dominicae  Incarnationis..., 
regni  vero  mihi  commissi...,  indictione...,  epacta...,  con- 
currente...,  kalendis...,  luna...,  in  villa  omnibus  notissima 
(opinatissima)  quae...nuncupatur:  episcopis,  abbatibus,  duci- 
bus,  patriae  procuratoribus  regia  dapsilitate  ovantibus,  (tota 
populi  generalitate  sub  alis  regiae  dapsilitatis  ovanti),  per- 
scripta  est,  Cujus  etiam  inconcussae  firmitatis  auctoritas 
his  testibus  roborata  constat,  quorum  nomina  subtus 
caracteribus  depicta  annotantur^. 

C-  S.  [635],  674—677,  689,  691,  692,  695,  696,  702—704,  716, 
718,  719.     (No.  745  is  unfinished.) 

{b)     With  Egregius,  ^'c. 

Acta  est  hjec  praefata  donatio,  anno  ab  Incarnatione  Domini 
nostri  Jesu  Christi...,  Indictione.... 

C.  S.  [694],  728,  730,  734,  [740]. 

*  With  numerous  variants.      See  the  note  on  this  formula  in  Craxvford  Charters,  p.  72. 
In  C.  S,  994  the  (b)  form  given  below  is  used. 


APPENDIX    IV. 

Table  showing  the  Relationship  of  tfie  Pre-Conquest  and 
Post-Conquest  Diplomata. 

Continental  Diploma 


Anglo-Saxon 

Charter  or  "Land-boc" 

[subscribed) 


Anglo-Saxon  Charter 
(sealed) 


Post-Conquest  Charter 
{subscribed  and  sealed) 


Old  English  Writ 
(unsealed) 


Old  English  Writ 
(sealed) 


Anglo-Norman  Writ 
(sealed  oti  tag) 

Anglo-Norman  Writ- 
Charter 
(Seal  on  tag  or  pendent) 

I 

New-Model  Charter 

(Seal  pendent) 


•-so     .2 


o  o 
O    !« 


O  o  y?  ci  w  . 


PQ 

a 
.£? 


c  _   > 


^.^.J^ 


-IS  S;-T3 


-4-10;-*-' 

S  i;  rt 

u-    *-■    ^^ 


ti  .'i  .5 


SH 


u 


O 


O      O 


O 

ci!   1)  rt  I— I 

"5    rt  JJ    r; 

>-i    >  ^-  -Tl 

O)    U-.  !U  h> 


O     O 

"d  "dJ 

w.    0  i„ 


o  ;s 

D  J-  "S 

I"  "S  '- 

CJ  .«  o 


^>.^ood    =yo2    ^ 

o -S  o  _  _^  ^        ,_^  gc     .„ 

-t-j^-*-*-"       -"UD       -woaju 

S'^P„ii>£^„So>>rtori 
u      .S/^t^ 'CS*^  ><!  "C 'C  jS  X -C 


j:  oj 


b,  j5 


00 

00 

n 

CJ 

" — ' 

<i> 

J2 

JSI 

S 

tM 

a. 


O   3 


n3    c 


O   ^ 

1)  .is 


bjoi^  Md   tJOti  3   Mp 


oasSw^pioQf§Q  o  Q  csaoooaao^i 


.3  s  >^t;  ^^ 


D 

•— ^ 

t« 

M 

13 

V  'd 

a 

B  bD 


«       « 


H^        C/}        P^ 


"  5 

c^s 

eu 

'^':3 

-s^ 

-d 

»«  rt 

a 

bo 

rt 

.  D  >-; 

(XI  .5 

M     >■     D 
.  •"    D 

Zi   0 

W    D.C 

•go 

c   >- 

,_.    0   - 

DU 

•=3se  c 

Ph  (u 

E 

.VI 

is  0 
aed 

>,    D 

C  J5  •= 

W   rt 

3-^ 

l^  D    ^ 
M    ti    D 

"rt 

C/i 

13  2 

C 

e  of 
cedu 
thes 

>- 
> 

J2   cl 

rtu 
Dro 
tof 

lil 

"u  0 

(X,   "> 

/^^r 

>    D    S 

0 

H„< 

ii^iO, 


S43 


.-.   (J   a) 
SiO  2 


c  b^ 

2  '^ 
Sod  -S 


2^ 

D   *-• 
(J   ^ 

"o 

D  'C 

<«  >-. 

Ph  X! 

D  t3 

S    > 
CO   D 

t/3 


3  ~  -^ 

^  .s  mC 


c  '^S 


•S, 


« '5  -Sr! 


-^    D.2 

o  a  a 
o  S  •^ 


G  t^  a  S 


Ci     (A 


c  "!  e  •; 

d    O  D  ^ 

en  in  0 

d  -  <« : 

•5.«  cS  '^ 

D  -C  ^    < 

■"    ■"  U5  , 

O     ^  (Ti- 


.2    D  gvo 

^    "  <"    C 

c  S?  S  S 

I  Ji  §  ^ 

.^    D  C    " 

^  4:  D     C 


d""    D    c 


^     D     C  ->,„  D    *i 


c! 


"  s  s  •=  t;  ^ 
•s  ^  <u      s 

S  ^-C    D 


^    ^     D 


?i 


C   O 

D    ,, 


—    ly    D 


« 


cS 


o-a  -  3  s  c 


d  ^  o  -^ 

D    !-_:^         d    D    s* 

Q       vV  9.  o  ci 

D  J3    U!    >  C/}  J5 

"^      D^S  2^ 

tuo  taO.O   &  >~.       ci 


Ji  ."S  £    Sj  D 

r-'  ^  ;g  c, 
■c  ^  o 
C        dCJ 


O    O  D  _    o    C 

5   5   e  <^   ?J  ^  kiTi   . 

^<  g  ,   5   s:^  i 

d  c  i:  S  MJ 

^  3^  3m  c«  ? 


APPENDIX    VI. 

FEES  of  the  SEAL. 

The  Accounts  of  the  Clerk  of  the  Hanaper'  at  the  close  of  the  reign 
of  Edward  I  show  that  the  average  receipts  approximated  to  ;^iooo  yearly. 
This  revenue  was  of  course  that  derived  from  the  "  Fees  of  the  Seal "  alone, 
the  greater  portion  being  derived  from  writs  for  which  the  usual  fee  was  2S. 
Charters  were  divided  into  two  classes,  those  paying  the  "small  fee"  of 
i6j.  4</.  and  those  paying  the  "large  fee"  of  n  marks  and  55.  It  was  this 
latter  class  which  showed  the  least  satisfactory  returns  owing  to  the  anticipation 
of  the  revenue  in  the  shape  of  Fines  in  the  Chancery  or  Wardrobe  by  virtue 
chiefly  of  Privy  Seals.  It  was  the  constant  object  of  suitors  to  avoid  the 
latter  extortion  and  to  pay  only  the  "  fees  of  the  seal."  Petitions  presented 
to  the  Crown  to  this  effect  were  not  successful  in  obtaining  further  indulgence 
than  a  distinction  between  writs  "of  course"  and  writs  "of  grace,"  the  former 
being  only  required  to  pay  the  "fees  of  the  seal."  As  to  the  latter  it  was 
replied  that  "  men  might  not  take  away  the  King's  profit  herein,"  though 
the  commons  had  vainly  endeavoured  to  prove  that  the  Crown  would  gain  by 
the  proposed  reform  owing  to  the  increase  of  writs  and  litigation".  The  fact 
is,  however,  that  these  cash  receipts,  though  highly  useful  for  replenishing  the 
privy  purse  or  satisfying  importunate  creditors,  were  not  relatively  as  profitable 
as  the  bargains  that  could  be  made  in  another  direction  by  way  of  Fine. 
Many  instances,  however,  occur  in  the  Chancery  Files  of  the  period  of  writs 
issued  Pro  Deo. 

'  K.  R.  Exchequer  Accounts  and  L.  T.  K.  Enrolled  Accounts  (Hanaper). 
"  Rot.  Pari.  III.  24i»,  376". 


APPENDIX   VII. 

Note  on  the  Bibliography  of  English  Diplomatic. 

In  spite  of  the  admitted  neglect  of  this  auxiliary  historical  study,  to  which 
reference  has  been  made  above,  the  fact  that  materials  exist  for  such  a  pro- 
visional classification  as  that  which  has  been  attempted  below  is  decidedly 
encouraging. 

At  the  same  time  it  would  be  found  that  the  distribution  of  this  special 
literature  is  somewhat  uneven.  The  "  Bibliography  of  Bibliographies "  is 
almost  entirely  supplied  by  foreign  scholars,  and  the  same  remark  must  apply 
to  the  "General  Authorities"  in  the  shape  of  modern  treatises  on  this  subject. 
For  the  purpose  of  the  following  table,  publications  dealing  with  the  diplomatic 
documents  of  the  sister  kingdoms  are  included  only  in  the  interests  of  a  com- 
parative method  of  study,  though  for  the  most  part  the  forms  of  Irish  and 
Welsh  instruments  differ  little  from  our  own. 

The  distinction  that  can  be  made  between  the  works  of  an  earlier  and 
a  later  period  of  diplomatic  study  is  noticeable  £.nd  important.  It  will  also 
be  remembered  that  we  owe  our  only  Formula  Books  to  the  former  period ; 
but  on  the  other  hand  we  are  far  better  equipped  than  our  ancestors  in 
respect  of  Facsimiles  and  adequate  texts.  Indeed  we  can  afford  to  pay  little 
attention  to  the  class  of  Transcripts  which  supplied  them  with  most  of  their 
examples  and  which  are  answerable  for  many  misconceptions  and  positive 
errors. 

On  the  whole,  however,  the  strength  of  our  native  diplomatic  literature 
will  be  found  to  lie  in  the  special  studies  of  a  few  mediaeval  scholars  which 
have  been  published  during  the  last  twenty  years  in  certain  journals.  Besides 
these  diplomatic  essays,  the  cognate  auxiliary  studies  that  are  concerned  with 
the  special  subjects  of  genealogy,  sigillography,  numismatic,  biography  and 
linguistic  are  well  represented  in  this  learned  periodical  literature,  together 
with  the  general  subject  of  archaeology.  Whether  from  these  combined 
sources  we  can  muster  an  adequate  diplomatic  apparatus  is  a  question  as 
to  which  some  doubts  may  be  reasonably  entertained.  After  all  our  chief 
wants  are  a  text-book  of  English  Diplomatic  with  a  Formula  Book  and 
Estabhshments  of  the  seal-bearing  offices,  and  there  is  at  present  no  sign  that 
these  wants  will  be  fully  supplied. 


Appendix  VII  351 

Classification  of  the  Bibliography  of  English  Diplomatic. 

I.     Bibliography  of  Bibliographies  : 
{a)     Early  works. 
{h)     Modern  works. 


General  Authorities : 

(«) 

Early. 

kb) 

Modern. 

Special  Authorities : 

(«) 

England. 

{h) 

Scotland,  Ireland,  Wales. 

{c) 

Continental  States. 

Cognate 

Auxiliary  Studies : 

(«) 

Palaeography. 

[b) 

Sigillography. 

{c) 

Numismatic. 

i'i) 

Chronology. 

(e) 

Biography. 

(/) 

Topography. 

{g) 

Archaeology. 

(^) 

Linguistic. 

5.  Dictionaries  of  Diplomatic  Terms. 

6.  Formula  Books. 

7.  Diplomatic  Documents : 

{a)     Inventories  and  Lists. 
{b)     Calendars. 
(<r)     Texts. 

8.  Facsimiles. 


H. 


PART   III 


THE    PALAEOGRAPHY 

OF 

OFFICIAL   DOCUMENTS 


aj 


INTRODUCTION   TO   THE    PALAEOGRAPHY 
OF   OFFICIAL   DOCUMENTS. 

The  definition  of  Palaeography  as  the  study  of  mediaeval  writing 
at  large  cannot  be  wholly  disregarded  even  for  the  purpose  of  a  brief 
essay  on  the  official  writing  of  this  country,  which  can  scarcely  be 
distinguished  as  such  before  the  close  of  the  nth  century.  By 
common  consent,  an  elementary  knowledge  of  the  evolution  of  writing 
since  the  beginning  of  the  Christian  era  is  requisite  for  the  study  of 
the  earlier  specimens  of  the  national  writings  of  Western  Europe. 
It  is  true  that  the  exact  division  in  point  of  date  between  the  classical 
and  the  national  writings  would  seem  to  be  of  less  moment  in  our 
own  case,  since  we  are  told  that  the  Anglo-Irish  script  is  not  derived, 
like  the  continental  type,  from  a  Roman  Cursive  stock.  But  even  if 
the  native  "  graffites  "  or  other  literary  remains  of  the  Roman  civili- 
zation in  Britain  may  have  had  no  influence  on  the  Anglo-Saxon  or 
the  Anglo-Irish  calligraphy,  this  early  writing  is  still  worthy  of  our 
attention.  For  if  we  can  derive  much  profit  from  the  comparative 
study  of  the  continental  diplomata  and  capitularies  from  the  8th  to 
the  nth  centuries,  we  should  not  grudge  the  pains  of  acquiring  some 
knowledge  of  the  system  on  which  these  documents  were  constructed. 
Again,  we  shall  find  that,  from  the  9th  century  onwards,  the  successive 
styles  of  Franco-Roman  and  Gothic  writing  which  prevailed  through- 
out Western  Europe  may  be  regarded  as  a  common  national  script. 

It  is  surely  worth  the  pains  of  mastering  the  slight  palaeographic 
variants  between  the  national  hands  during  the  later  mediaeval  period 
in  order  that  we  may  utilize  the  foreign  archives  when  occasion 
arises.  Similarly  a  systematic  study  of  Palaeography  will  enable  us 
to  master  with  comparative  ease  the  familiar  forms  of  mediaeval 
Epigraphy  represented  by  the  inscriptions  of  seals,  coins,  or  ancient 
monuments,  as  well  as  the  pseudo-Gothic  lettering  of  later  mural 
documents. 

We  may,  indeed,  be  reminded  that  practically  the  whole  of  the 
historical  sources  for  this  early  period  have  been  already  printed. 

23— a 


35^  Introduction  to  the  Palaeography 

Nevertheless  a  knowledge  of  their  manuscript  forms  is  of  considerable 
interest.  Even  in  the  case  of  our  own  Anglo-Saxon  charters  many 
later  enrolments  still  remain  to  be  collated  ^  When  we  pass  into  the 
1 2th  century  the  materials  for  a  much  needed  Codex  Anglo-Nor- 
mannicus  would  afford  ample  scope  for  palaeographical  enterprise. 
As  for  the  official  sources  from  the  13th  century  onwards,  it  is 
notorious  that  by  far  the  greater  number  are  still  unpublished,  or 
published  in  the  unsatisfying  form  of  an  English  precis.  There  is 
also  the  painful  reflexion  that  a  large  percentage  of  the  texts  available 
is  far  below  the  standard  of  modern  scholarship  if  not  actually  un- 
reliable. The  last  circumstance  alone  should  furnish  a  sufficient 
inducement  for  including  Palaeography  amongst  the  "honours"  subjects 
in  every  academical  curriculum  of  mediaeval  history. 

At  the  same  time  the  claims  of  Palaeography  for  such  consideration 
must  be  maintained  without  any  display  of  pedantry  or  intolerance. 
It  must  not  be  forgotten  that,  presumably,  the  student  of  History  is 
unskilled  in  this  auxiliary  study  not  from  choice  but  from  necessity. 
So  long  as  accurately  printed  texts  are  available,  he  can  afford  to 
dispense  with  this  accomplishment,  better,  perhaps,  than  with  some 
knowledge  of  Bibliography  and  Diplomatic.  This  is  a  fact  that 
should  be  borne  in  mind  by  the  teacher  who  would  smooth  the  path 
of  learning  for  those  who  are  grappling  with  the  neglected  study  of 
historical  sources.  It  is  certainly  an  indubitable  fact  that  the  ability 
to  read  old  manuscripts  can  be  acquired  by  an  intelligent  student 
without  any  instruction  whatever.  This  fact  is  frequently  demon- 
strated in  the  case  of  those  who  pursue  their  studies  in  an  atmosphere 
of  Records  with  many  willing  helpers  at  hand.  Indeed  an  environ- 
ment of  this  kind  may  even  be  created  by  means  of  an  extensive 
collection  of  facsimiles,  but  it  would  be  found  that  there  is  a  con- 
siderable difference  between  the  ability  to  transcribe  documents 
verbatim  et  litteratim  and  the  further  capacity  of  extending  the  same 
texts  for  the  purpose  of  an  intelligible  citation.  Moreover  this 
practical  method  of  self-help  lies  outside  the  serious  study  of  the 
theory  of  Palaeography  and  equally  ignores  the  kindred  study  of 
Diplomatic,  the  science  of  Archives,  and  the  principles  of  historical 
Bibliography.  It  may  fairly  be  claimed,  therefore,  on  behalf  of  a 
system  of  palaeographical  instruction  that  some  difficulties  and 
dangers  can  thus  be  overcome,  whilst  the  student's  view  of  the  subject 
is  widened  by  the  comparative  study  of  continental  Archives. 

^  Mr  W.  H.  Stevenson  in  E.  H.  R.  xi.  733. 


of  Official  Documents  357 

There  are,  however,  a  few  hints  which  may  be  offered  to  beginners 
by  any  one  who  has  spent  some  years  in  the  company  of  Records. 
In  the  first  place  it  is  desirable  that  the  student  should  appreciate  the 
importance  of  possessing  or  acquiring  some  sort  of  apparatus  for  the 
study  of  the  subject.  It  is  here  that  the  linguistic  question  must  be 
dealt  with,  whilst  a  sound  knowledge  of  European  history  and 
geography  is  the  best  possible  preparation  for  the  indispensable 
study  of  Diplomatic. 

In  the  next  place,  close  attention  should  be  paid  to  the  written 
forms  of  the  Capital  alphabet ;  for  a  reader  who  fails  to  recognize  the 
initial  letter  of  a  difficult  place-name  is  in  a  hopeless  position  from 
the  first. 

It  may  be  assumed  that  the  student  will  be  already  familiar  w^ith 
the  conventional  as  well  as  with  the  actual  contraction  signs  and 
other  symbols  found  in  mediaeval  MSS.  Further  than  this,  he  would 
do  well  to  note  the  method  adopted  by  individual  scribes  in  the 
use  of  these  compendia.  At  the  same  time  he  must  not  be  guided 
only  by  a  rule  of  thumb.  The  coup  d'ceil  method  noted  by  the 
Benedictines  of  old  also  has  its  value,  and  the  student  need  not  be 
ashamed  to  leave  what  Elizabethan  clerks  called  "  windows "  in  his 
transcript  to  be  filled  in  by  a  minute  revision  both  of  the  script  and 
sense.  But  above  all  it  should  be  the  object  of  a  reader  of  MSS.  to  see 
the  words,  letter  by  letter,  as  they  are  written,  and  not  words  that 
were  never  written  by  the  scribe,  creations  of  a  perfervid  imagination. 
Hereafter  it  will  be  possible  to  recognize  at  a  glance  the  actual  words 
that  underlie  the  bare  compendia  of  the  script,  but  a  long  apprentice- 
ship must  be  served  before  this  second  sight  can  be  relied  upon. 

Scarcely  less  important  is  the  mental  attitude  adopted  by  the 
student  towards  an  unfamiliar  subject.  On  the  one  hand  a  credulous 
acceptance  of  impossible  presentments  is  to  be  avoided,  and  on  the 
other  an  unreasoning  aversion  from  the  archaisms  or  seeming  bar- 
barisms of  the  mediaeval  vocabulary  and  syntax.  A  sceptical  or 
apathetic  frame  of  mind  is  usually  fatal  to  any  rapid  progress  in  the 
subject,  but  a  really  intelligent  interest  in  the  cryptic  method  of  the 
scribe  will  to  some  extent  obviate  the  danger  of  crediting  him  with 
the  expression  of  manifest  absurdities. 

A  sound  knowledge  of  the  forms  of  the  mediaeval  or  artificial  letters 
and  of  their  more  common  ligatures  and  accentuation  having  been 
acquired  together  with  an  equally  thorough  mastery  of  the  principles 
and  types  of  contractions,  the  student  will  perhaps  be  suflliciently 
equipped  for  his  initial  exercises.    These  will  naturally  be  confined  at 


35^  Introduction  to  the  Palaeogi^aphy 

first  to  the  calligraphy  of  the  pre-Conquest  and  post-Conquest  periods. 
Comparatively  slight  difficulty  will  be  found  in  deciphering  these  scripts^ 
for  the  Minuscule  letters,  at  least,  are  as  clear  as  print  and  contractions 
of  a  complex  type  are  relatively  rare.  In  fact  the  only  serious  obstacle 
is  presented  by  the  abnormal  forms  of  a  few  vernacular  letters  and 
by  an  irregularity  of  spacing  for  which  the  reader  will  be  already 
prepared. 

A  sound  opinion  as  to  the  approximate  dates  of  various  mediaeval 
documents  is  not  to  be  thought  of  at  this  stage  of  study  any  more 
than  an  accurate  diagnosis  of  diseases  is  expected  from  a  medical 
student.  Nevertheless  in  the  further  course  of  reading  and  instruction 
the  usual  method  of  tracing  the  development  of  the  national  writing 
may  be  safely  followed.  The  excellence  of  the  Franco-Roman 
calligraphy  during  the  12th  century  may  be  observed  in  several 
stately  national  styles.  Next  the  gradual  deterioration  of  these 
writings  will  be  indicated,  culminating  in  the  substitution  of  machinery 
for  hand-labour.  Finally  particular  attention  must  be  called  to  the 
existence  in  this  country  from  the  close  of  the  15th  century  to  the 
middle  of  the  i8th,  of  a  four-fold  official  script  which  is  the  despair  of 
foreign  palaeographers.  Indeed  it  might  be  a  difficult  question  to 
decide  at  what  precise  date  these  artificial  curial  writings  finally 
disappear.  An  Exchequer  clerk  was  still  living  within  recent  years 
who  in  his  youth  had  written  Latin  Records  in  the  Court  hand,  and 
traces  of  another  archaic  writing  may  still  be  found  in  legal  documents 
registered  by  the  Courts  of  Law,  if  not  in  actual  judicial  enrolments. 

At  the  same  time  some  preparatory  instruction  in  the  method  of 
palaeographical  description  is  likely  to  be  of  service  to  the  more  ad- 
vanced student.  In  this  connexion,  a  list  of  palaeographical  terms 
would  form  a  useful  supplement  to  the  conventional  lecture  course  or 
the  class-work  which  is  confined  to  the  reading  aloud  or  transcription 
of  a  progressive  series  of  facsimiles.  Such  a  list  must  necessarily  be 
compiled  by  the  teacher  or  the  students,  and  this  task  might  be 
allotted  to  the  seminar. 

Other  lists  might,  indeed,  be  usefully  prepared  by  the  same  agency, 
including  selections  from  the  ample  but  confused  materials  contained 
in  published  lists  of  contractions,  Latin  and  French  forms  of  Christian 
names,  surnames  and  place-names,  with  a  modest  glossary  cf  the 
technical  words  which  occur  most  prominently  in  several  classes  of 
official  Records.  The  last  of  these  lists  should  be  supplemented  by  a 
"  common-place  book  "  for  preserving  references  to  obscure  or  inter- 
esting words. 


of  Official  Documents  359 

It  will  be  seen  that  in  our  search  for  assistance  in  interpreting 
the  archaic  forms  which  are  unfamiliar  even  when  the  writing  or 
the  compendia  are  intelligible,  we  have  entered  upon  the  border- 
land of  the  neighbouring  study  of  Diplomatic.  When  the  time 
has  come  for  pursuing  his  studies  in  this  direction  the  student 
of  Palaeography  will  obtain  much  useful  information  connected 
with  the  formulas  of  documents,  the  characters  of  seals  and  coins, 
the  titles  of  official  personages  and  the  system  of  the  mediaeval 
calendar.  If,  however,  a  distinct  course  of  study  in  Diplomatic  is 
prohibited,  attention  should  be  given  to  these  subjects  in  compiling 
the  classified  list  of  select  terms  above  referred  to. 

When  such  useful  if  not  indispensable  adjuncts  to  a  course  of 
palaeographical  study  have  been  put  in  hand,  one  other  piece  of 
seminar  work  will  remain  to  be  attempted,  namely,  the  compilation 
of  a  classified  Bibliography  of  Palaeography  with  special  reference  to 
national,  local  or  professional  interests.  This  list  of  works,  however 
discouraging  it  may  appear  to  the  well-wishers  of  native  learning,  will 
at  least  supply  the  titles  of  several  scholarly  essays  on  the  appliances 
and  materials  of  mediaeval  writing,  a  subject  which  will  furnish  an 
agreeable  interlude  to  the  serious  business  of  learning  to  read  MSS. 
Again  these  bibliographical  selections  will  provide  a  valuable  object- 
lesson  in  respect  of  the  progressive  development  of  the  system  of 
reproducing  MSS.  in  facsimile.  When  the  persi.stent  use  of  litho- 
graphic plates  for  palaeographical  instruction  in  this  country  has  been 
finally  abandoned  we  shall  perhaps  be  within  measureable  distance  of 
an  official  recognition  of  the  importance  of  the  subject. 


PALAEOGRAPHY. 

(a)     Old  English   Writing. 

The  conventional  theory  of  the  evolution  of  the  national  writings, 
including  the  English  branch,  does  not  immediately  concern  the 
position  of  our  national  Records  prior  to  the  close  of  the  i  ith  century, 
for  the  simple  reason  that  no  such  Records  exist  before  that  date. 
On  the  other  hand,  in  default  of  official  enrolments  or  rescripts  of 
royal  diplomata  prior  to  a  still  later  date,  we  must  depend  for  our 
knowledge  of  the  diplomatic  formulas  upon  such  originals  as  have 
survived  from  the  7th  century  to  the  12th.  Moreover  it  is  desirable 
to  notice  the  general  conditions  that  prevailed  in  Western  Europe  in 
connexion  with  the  evolution  of  a  universal  Minuscule  writing,  which 
not  only  superseded  the  insular  hands  before  the  end  of  the  nth 
century  but  also  influenced  the  development  of  our  national  writing 
between  the  middle  of  the  15th  century  and  the  beginning  of  the  17th. 

The  conventional  theory  above  referred  to  has  been  variously 
expressed  during  the  last  two  hundred  years  both  by  native  and 
foreign  writers,  and  it  is  possible  that  the  conclusions  at  which  they 
have  finally  arrived  may  still  be  subject  to  further  modifications.  It 
would  obviously  be  impossible  to  discuss  these  conclusions  at  large 
in  the  course  of  a  slight  essay  on  the  characteristic  features  of  the 
English  official  writing  only,  and  a  statement  thereof  in  tabular  form 
would  certainly  be  inconclusive  and  might  also  seem  invidious.  The 
version  which  is  given  in  a  Table  in  the  Appendix  is  an  independent 
attempt  to  indicate  the  position  of  the  several  recognized  types  of 
English  official  handwriting  in  this  country  in  the  general  scheme  of 
national  evolution. 

The  writings  in  use  under  the.  Roman  civilization  were  obviously 
the  parents  of  the  various  scripts  practised  by  the  several  nations 
of  Western  Europe  which  sprang  up  from  the  ruins  of  the  Roman 
Empire.  Of  these  writings  the  two  Majuscule  forms  affected  our 
own  national  script  in  a  particular  manner.     In  the  first  place  it 


Palaeography  36 1 

will  be  clear  that  the  only  traces  of  Capital  writing  are  found, 
after  the  9th  century,  in  initial  letters  and  conventional  compendia, 
though  the  use  of  Capitals  in  commercial  printing  is  sufficiently 
familiar.  On  the  other  hand,  traces  of  Uncial  writing  are  found  in 
English  books  and  diplomata  of  the  7th  century,  whilst  the  Half- 
Uncial  writing  derived  from  this  Majuscule  stock  is  actually 
regarded  by  all  authorities  as  the  immediate  progenitor  of  our  earliest 
insular  script.  Again  the  Roman  Cursive  writing  which  was  at  first 
produced  by  the  debasement  of  the  ordinary  Capitals  has  left  no 
traces  upon  our  own  national  hands.  We  know  indeed  that  during 
this  early  period  a  true  Minuscule  writing  was  produced  and  utilized 
for  certain  purposes,  but  this  can  scarcely  be  distinguished  from  the 
Cursive  writing  which  is  usually  identified  with  this  younger  Roman 
script. 

In  its  later  form  of  Half-Cursive  this  primitive  Minuscule  writing 
joined  with  the  Half-Uncial  writing  for  the  production  of  the  reformed 
Minuscule  writing  of  the  9th  century.  But  already  there  has  been  an 
admixture  of  these  well-defined  species  of  Majuscule  and  Minuscule 
writings,  reaching  its  height  in  the  national  civilizations  of  the  7th 
and  8th  centuries.  Whether  "Mixed  writing"  can  be  regarded  as 
a  distinct  species  would  seem  to  be  somewhat  doubtful,  nor  was  it 
even  a  permanent  variety.  At  the  same  time  the  prevalence  of  this 
hybrid  script  under  the  Merovingian  dynasty  is  very  noticeable'.  At 
no  time  was  its  presence  conspicuous  in  the  writing  of  this  country, 
though  it  occurs  as  late  as  the  first  quarter  of  the  13th  century, 
especially  in  Exchequer  Records.  It  will  be  remembered  that  the 
archaic  use  of  Mixed  writing  in  this  country  has  been  the  subject  of 
a  felicitous  comment  by  the  great  historian  of  the  Exchequer*. 

There  is  probably  room  for  a  considerable  divergence  of  opinion 
with  regard  to  the  respective  influence  of  the  Half-Uncial  and  Half- 
Cursive  forms  of  writing  upon  the  development  of  the  continental  and 
insular  hands.  Whether  the  Half-Cursive  writing,  as  it  is  found 
abroad,  could  have  worked  out  its  own  salvation  as  a  "  plain 
Minuscule"  writing  without  the  interposition  of  the  Half-Uncial 
models  used  by  foreign  scribes,  is  a  question  that  .scarcely  concerns 
us  here.  We  may  notice,  indeed,  the  superficial  resemblance  between 
the  continental  writing  (Half-Cursive)  employed  as  a  book-hand  in  the 
8th  century  and  the  "  pointed  "  forms  of  Anglo-Irish  writing  which  we 

'  Cf.  L.  Delisle,  Notice  sur  un  MS.  d^Eugyppius,  &c. 

'  **  This  is... often  a  mark  of  the  great  antiquity  of  the  hand  ;  and  how  improper  soever  it 
may  seem  to  be,  many  things  thus  written  do  look  very  Hne  and  elegant  "  (Madox,  History  of 
tht  Exchtquer,  Pref.  xii). 


362  Palaeography 

must  not  derive  from  a  Roman  Cursive  stock.  On  the  other  hand  the 
co-existence  of  a  "  rounded  "  insular  hand,  which  is  obviously  derived 
from  the  Half-Uncial,  and  a  "pointed"  insular  hand,  for  which  no 
other  derivation  is  admissible,  is  at  least  remarkable  and  reminds 
us  of  certain  difficulties  that  have  been  experienced  in  the  con- 
ventional derivation  of  the  old  Italian  national  scripts.  Without 
questioning  the  general  correctness  of  this  theory,  it  is  evident  that 
the  term  "cursive"  can  be  used  in  two  different  senses.  We  have 
already  seen  that  in  the  early  Roman  period  Cursive  writing  is 
Minuscule  writing,  equally  with  the  later  Half-Uncial.  In  the  same 
way  this  Minuscule  writing  may  be  "cursive"  or  fair,  according  as  it 
is  written  in  the  "  set-hand  "  used  for  books  or  in  the  "  running-hand  " 
chiefly  found  in  documents. 

These  remarks  will  apply  broadly  to  all  the  national  handwritings 
of  Western  Christendom.  But  besides  these  general  types  of  books 
and  private  charters,  we  must  continue  for  some  time  to  come  to 
recognize  as  a  distinct  species  the  Cursive  writing  of  the  Imperial  or 
the  Papal  Curia,  furnished  with  fresh  exaggerations  in  the  national 
chanceries.  It  is  certainly  true  that  the  insular  scribes,  who  were 
themselves  the  pupils  of  the  Roman  missionaries,  were  excluded  from 
the  influence  of  this  curial  writing.  At  the  same  time  we  have  no 
proof  that  the  normal  development  of  the  national  scripts  from  Half- 
Uncial,  Half-Cursive  and  Mixed  to  "  plain  Minuscule  "  writing  would 
have  proceeded  any  the  less  surely  if  the  curial  system  had  not 
survived  the  Empire.  But  if  the  Half-Cursive  type  of  Old  English 
writing  cannot  be  derived  from  continental  models,  whence  proceeds 
the  later  insular  script  which,  abroad,  was  based  chiefly  upon  Uncial 
models?  It  might  naturally  be  thought  that  as  the  insular  scribes 
had  succeeded  in  the  difficult  task  of  evolving  a  quasi-cursive  writing 
from  their  own  Half-Uncial  script,  the  latter  would  be  recognized 
as  a  common  type. 

Again,  however,  this  natural  supposition  is  forbidden  to  us.  The 
origin  of  the  later  Old  English  calligraphy  is  found  in  the  gradual 
conversion  of  the  insular  writing  to  the  reformed  models  of  the 
Franco-Roman  writing  disseminated  by  Charlemagne. 

It  is  well  known  that  the  French  hand  invaded  the  English 
Scriptoritim  towards  the  close  of  the  loth  century.  The  new  calli- 
graphy was  apparently  adopted  by  the  English  scribes  for  their  own 
national  writings,  at  first  with  obvious  difficulty,  but  soon  with  ease 
and  with  an  elegance  of  form  that  excelled  their  models.  At  length, 
with  the  opening  of  the  nth  century,  the  native  pointed  Minuscules 
have  been  transformed. 


Palaeography  363 

With  the  Conquest  the  national  hand  disappears  altogether  and 
its  place  is  taken  by  a  French  court  hand.  That  the  stihis  Anglicus 
continued  to  be  used  in  the  script  of  a  few  English  books  and 
of  a  few  English  versions  of  Latin  diplomata  does  not  affect  this 
theory,  since  although  the  typical  Old  English  letters  were  still 
employed  in  a  degenerate  form,  the  character  of  the  writing  is  that  of 
the  Franco-Roman  or  Gothic  hands  of  the  period. 

Whether  these  sweeping  conclusions  are  wholly  warranted  by  the 
evidence  that  is  now  available  is  a  question  which  need  not  be  dis- 
cussed here.  Some  exception  may,  however,  be  taken  to  the 
inevitable  conclusion  that  the  Old  English  writing  must  have  been 
brought  into  harmony  with  continental  forms  by  a  summary  process 
of  conversion. 

It  would  seem  that  the  statement  that  these  calligraphic  reforms 
and  notarial  influences  were  fostered  during  the  reign  of  the  Confessor, 
if  not  earlier,  and  were  forcibly  completed  at  the  Conquest,  is  chiefly 
founded  upon  the  dicta  of  Mabillon,  Hickes,  the  Benedictines*  and 
other  writers,  who  in  turn  relied  upon  the  testimony  of  the  mediaeval 
chroniclers^  This  statement  has  been  tacitly  accepted  by  many  later 
authorities,  but  it  will  be  found  that  the  above  references  lead  us  back 
to  a  tainted  source  of  Anglo-Norman  history*. 

That  the  relations  of  Alfred  and  his  successors  with  the  Frankish 
civilization  were  close  and  fruitful  and  that  the  reformed  Franco- 
Roman  writing  exercised  a  supreme  influence  over  all  other  national 
writings  may  be  readily  admitted  ;  but  that  this  writing  virtually 
displaced  the  Old  English  calligraphy  before  the  Norman  Conquest  is 
an  assumption  that  would  seem  to  stand  in  need  of  more  convincing 
evidence  than  that  which  has  been  hitherto  adduced  from  a  fictitious 
authority. 

Although  a  certain  number  of  Latin  diplomata  from  the  middle  of 
the  lOth  century  onwards  are  certainly  written  in  a  French  hand, 
the   facility   with   which   scribes,  who    are    responsible   for  at   least 

•  The  assertion  that  Alfred  a  Gallis  dottoribus  in  Uteris  institutus  era/  (Mabillon)  scarcely 
finds  support  in  Mr  W.  M.  Stevenson's  lucid  exposition  of  these  relations  (Asscr,  pp.  303 — 
311).  Still  less  probability  attaches  to  the  statement  of  the  Benedictines  that  this  king  "tira 
de  France  des  moines  savants  qui  port^rent  dans  cctte  lie  la  litt^raturc  et  les  caractires 
franfais  usiles  au  IX"  sii-cle"  (l^otn>eau  TraiU,  III.  373 sq.).  Hickes  [firamm.  A.S.  139,  and 
Dissert.  Epist.  66)  follows  suit. 

'  Cf.  Hickes,  Gramm.  A.  S.  160  n.     Gale,  Scriptores,  I.  61,  71. 

»  Cf.  Notrveau  Traiti,  ill.  373,  374,  375  n.  Hickes,  Dissert.  Efist.  144,  145,  Mabillon, 
De  re  Dipt.  p.  52,  where  we  have  such  references  as  the  following:  "  Tautoril^  d'Ingulfc, 
AbW  de  Croyland,  ne  pcrmet  pas  d'en  douler" ;  "  En  cffet,  Ing\dfe,  auteur  du  temps,  dit," 
&c. ;  Ut  cum  Ingulpko  loquar  ;  lestante  Ingulfo  in  kisloria  Croylandtmi,  !a'<. 


364  Palaeography 

some  of  these  instruments,  continued  to  use  the  insular  style  is  very 
noticeable. 

Again  there  is  an  alternative  source  of  production  in  the  case  of 
the  Anglo-French  diplomata  above  referred  to,  some  of  which  are 
believed  to  have  been  written  by  foreign  monks  in  English  houses. 

At  the  same  time  it  has  to  be  considered  whether  in  any  case 
examples  are  sufficiently  numerous  or  important  to  justify  the  sup- 
position that  French  monks  were  introduced  into  this  country  for  the 
purpose  of  reforming  the  insular  script.  We  may  remember,  indeed, 
that  a  similar  argument  has  been  disputed  on  very  high  authority^ 
We  are  forbidden  to  assume  that  the  native  Gallo- Roman  style  was 
influenced  by  the  Irish-Saxon  models  that  were  undoubtedly  intro- 
duced into  the  continental  Scriptorium  in  the  8th  and  9th  centuries, 
and  the  more  agreeable  explanation  is  now  accepted  that  the  Anglo- 
Irish  scholars  were  in  demand  as  illuminators  and  not  as  scribes. 

But  there  is  another  consideration  which  appears  to  have  been 
entirely  overlooked  in  the  course  of  these  interesting  discussions. 
From  the  reign  of  Cnut  the  use  of  the  formal  diplomata,  in  which  the 
foreign  handwriting  and  notarial  influences  may  be  most  frequently 
detected,  begins  to  give  way  to  that  of  the  vernacular  writ.  It  would 
seem,  therefore,  that  so  far  from  these  influences  being  paramount  in 
the  diplomatic  writing  of  the  first  half  of  the  nth  century,  they  are 
connected  with  a  decaying  practice  and  also  (it  may  be  added)  with 
a  class  of  instruments  which  in  themselves  compare  unfavourably  with 
vernacular  forms.  The  authenticity  of  a  large  number  of  these  later 
diplomata  is  far  from  certain,  and  suspicion  might  well  attach  to 
specimens  which  have  hitherto  been  accepted  without  question. 

Perhaps  the  time  has  not  yet  come  for  entertaining  the  suggestion 
that  the  "  English  rounded  minuscules  "  of  the  loth  and  i  ith  centuries 
were  in  fact  evolved  from  an  earlier  calligraphy  which  is  associated 
with  the  insular  Half-Uncial  script,  and  that  this  stately  hand  existed 
side  by  side  with  a  Half-Cursive  vernacular  script  and  with  wholly 
foreign  writing.  Nevertheless,  as  it  is  now  admitted  that  the  "  Caroline 
minuscule"  was  evolved  from  the  Half-Uncial  and  Minuscule  models 
which  were  clearly  at  the  service  of  continental  scribes,  we  may 
fairly  consider  the  possibility  of  a  parallel  evolution  of  the  insular 
writing.  Be  this  as  it  may,  such  speculations  are  certainl}'^  less 
harmful  than  the  tacit  acceptance  of  an  ancient  dogma  which  leads  us 
back,  through  an  almost  incredible  series  of  confident  mis-statements, 

^  L.  Delisle,  Essai  sur  fecole  calligraphique  de  Tours. 


Palaeography  365 

to  the  most  suspect  source  of  Anglo-Norman  history.  And  if  we 
do  not  need  the  hypothesis  of  an  enforced  reform  by  Alfred  the 
Great,  or  by  the  Confessor,  or  by  the  Conqueror  to  account  for  the 
resemblance  of  the  "  rounded  minuscules "  of  the  later  Old  English 
script  to  the  reformed  continental  writing,  still  less  shall  we  need  the 
artificial  distinctions  built  up  by  older  writers  on  the  evidence  of 
lithographs  and  fantastic  forgeries. 

Indeed  few  scholars  would  now  trouble  themselves  with  the  dis- 
tinctions between  a  "  Roman-Saxon  "  and  a  "  set  Saxon,"  a  "  cursive 
Saxon,"  a  "mixed  Saxon,"  and  an  "elegant  Saxon";  between  an 
"  Anglo-Saxon "  and  a  "  Dano-Saxon,"  a  "  semi-Saxon "  and  a 
"Norman-Saxon'"  script. 

It  has  been  well  said  that  "  les  Ventures  minuscules  romaines  sont 
plus  ou  moins  elegantes  a  proportion  de  I'habilit^  des  mains  qui  les 
ont  trac^esV'  and  Old  English  scribes  possessed  at  least  abilities  and 
traditions  which  would  have  enabled  them  to  play  their  part  in  the 
international  movement  which  led  to  the  assimilation  of  all  the 
Western  national  scripts  to  a  common  type. 

With  certain  limitations,  then,  we  may  claim  a  national  continuity 
for  our  own  branch  of  the  great  Latin  family  of  writings  from  the 
6th  century  to  the  nth.  Even  after  the  Conquest,  there  is  unmis- 
takable evidence  of  the  existence  of  local  schools  of  English  scribes, 
undismayed  by  French  fashions  and  certainly  undisturbed  by  Norman 
chancery  clerks.  Of  these  men,  some  at  least  must  have  been  young, 
and  we  have  here,  as  has  been  lately  pointed  out*,  one  means  of 
bridging  the  gap  between  the  revolution  of  the  Conquest  and  the 
reorganization  of  the   I2th  century. 

{b)    Mediaeval  Writing  in  Latin, 

We  have  seen  that  the  Prankish  calligraphy  was  destined  to 
influence  the  national  writings  between  the  end  of  the  8th  century 
and  the  beginning  of  the  13th.  It  is  no  easy  matter,  however,  to  trace 
the  progress  of  the  new  Minuscule  writing  in  this  country  during 
the  period  which  immediately  followed  the  Norman  Conquest.  This 
difficulty  may  be  partly  due  to  the  survival  of  insular  traditions,  but 
it  is  certainly  much  increased  by  the  scantiness  of  surviving  specimens 
of  the  Anglo-Nofman   script.     It   has   also  been  alleged  by  early 

'  Astle,  Origin  of  Writings  96  sq.     Hickes,  Gramm.  A.  S.  134  sq. 
'  Notntau  Trail/,  III.  167 ;  cf.  ibid.  175. 
•  Mr  W.  H.  Stevenson  in  E.  H.  A'.  XI.  733. 


366  Palaeography 

writers  that  the  Norman  writing  itself  displays  Lombardic  rather 
than  PVankish  characteristics,  and  although  this  view  may  be  easily 
disregarded,  it  must  be  evident  that  the  more  cursive  forms  of 
diplomatic  writing  before  the  end  of  the  12th  century  exhibit  con- 
siderable divergencies  from  the  typical  calligraphy  of  the  Franco- 
Roman  school.  The  latter  may,  however,  be  recognized  amongst  the 
few  existing  originals  of  the  period.  A  more  upright  and  angular 
writing  is  found  in  official  registers  down  to  the  beginning  of  the 
13th  century  and  a  characteristic  hand  is  seen  in  the  Pipe  Rolls  of 
the  whole  period.  Finally  we  have  occasional  glimpses  of  the  con- 
ventional script  which  was  once  known  as  "  elegant  Saxon  "  and  which 
is  still  employed  in  the  vernacular  specifications  of  the  boundaries  in 
the  hybrid  diplomatic  forms  of  the  period.  It  is  almost  useless  to  say 
that  we  must  eliminate  from  our  examination  many  suspicious  docu- 
ments which  pass  as  contemporary  charters. 

From  the  end  of  the  first  quarter  of  the  12th  century  a  marked 
change  is  noticed  in  the  insular  calligraphy  no  less  than  in  the  diplo- 
matic writing  of  the  continental  chanceries.  The  curial  writing  of 
this  century  is  perhaps  unique  in  its  artistic  development  of  the  best 
characteristics  of  the  Franco- Roman  calligraphy.  Power  rather  than 
elegance  of  style  is  indicated  in  the  thick  upright  compact  letters  and 
the  long  tapering  strokes  above  the  line.  A  marked  feature  of  this 
writing  is  that  both  the  letters  on  the  line  and  the  upper  strokes 
preserve  an  exact  level.  Another  is  that  whether  this  hand  is  large 
or  small,  its  characteristics  are  well  preserved.  Possibly,  too,  the 
attractive  features  of  the  earlier  type  of  12th  century  calligraphy  are 
enhanced  by  the  excellence  of  parchment  and  ink  and  the  scientific 
methods  of  the  contemporary  Scriptorium^,  whilst  the  accentuated 
contraction  marks,  the  occasional  ligatures  and  the  introduction  of 
Majuscule  letters  in  the  middle  of  a  word  lend  a  peculiar  distinction 
to  the  writing  of  this  periods 

At  the  same  time  we  may  fairly  conclude  from  the  discovery  of  an 
increasing  number  of  original  fragments  that  an  alternative  form  was 
freely  used  in  the  shape  of  a  Half-Cursive  writing.  This  may  be 
either  small  or  pointed,  or,  especially  in  the  middle  of  the  century, 
larger  and  broader  and  more  loosely  constructed,  with  some  Gothic 
characteristics. 

Towards  the  close  of  the  century  this  stately  curial  writing  is 
already  beginning  to  lose  much  of  its  pure  grace  of  outline.     The 

^  Hardy,  Catalogue,  Vol.  U.  Introduction.     Dialogus  de  Scaccaiio,  I.  5. 
•^  Cf.  above,  p.  361. 


Palaeography  367 

letters  are  loosely  formed,  notches  and  other  embellishments  are 
introduced,  and  in  judicial  Records  we  notice  a  fine  incisive  writing 
which  reminds  us  of  the  cursive  glosses  in  literary  MSS. 

The  curial  writing  of  the  13th  century  will  be  found  to  differ  in 
its  general  character  from  the  Franco-Roman  calligraphy  above 
described  and  by  a  gradual  transition  it  assumes  the  form  which  has 
been  styled  Gothic.  The  Franco-Roman  writing  may,  however,  be 
traced,  especially  in  such  documents  as  Royal  Charters  and  Pipe 
Rolls,  at  least  as  late  as  the  reign  of  Edward  I.  The  so-called  Gothic 
writing  can  be  recognized  from  an  early  date  in  the  I2th  century,  but 
is  at  first  almost  exclusively  confined  to  literary  MSS.  In  the  13th 
century  we  may  sometimes  find  this  hand  in  official  registers,  and 
its  influence  is  doubtless  to  be  traced  in  the  greater  angularity  both 
of  the  calligraphy  and  the  cursive  writing  of  the  period,  as  well  as  in 
the  fanciful  embellishments  which  in  the  shape  of  "  clubbed  "  strokes 
and  "bows"  are  so  familiar  between  the  end  of  the  reign  of  Henry  III 
and  the  beginning  of  the  reign  of  Edward  III.  The  typical  official 
hand  of  the  first  half  of  the  13th  century  is  a  small,  loose  Cursive, 
in  which  the  letters  appear  broad  or  elongated  according  to  the 
extent  of  the  influence  which  the  fine  writing  of  the  previous  century 
continues  to  exercise.  The  characteristic  official  "  register  "  hand  of 
the  same  period  is  small  and  compact,  the  letters  being  somewhat 
thick  and  square  in  shape  rather  than  rounded  or  angular  as  in  the 
case  of  diplomata  and  literary  MSS.  respectively. 

In  the  last  years  of  the  reign  of  Henry  III  the  influence  of  the 
Gothic  style  begins,  as  we  have  seen,  to  affect  the  curial  writing 
materially.  During  the  reign  of  Edward  I  the  new  fashion  of 
"  clubbed  strokes  "  and  "  bows  "  reaches  its  height.  It  is  continued  in 
the  next  reign,  but  the  writing  of  the  first  quarter  of  the  14th  century 
has  to  some  extent  an  individuality  of  its  own. 

Curial  writing  it  is  true  exhibits  little  change  during  the  14th  century, 
but  the  bulk  ofthe  semi-official  documents  and  registers  of  the  period  are 
written  in  a  large  and  somewhat  angular  Gothic  hand  which  continues  in 
vogue  during  the  whole  of  this  century,  becoming  loose  and  irregular 
in  the  reign  of  Richard  II.  The  note  of  decay  is  indeed  struck  before 
the  end  of  the  reign  of  Edward  III.  The  curial  writing  in  which  the 
principal  series  of  Records  are  inscribed  begins  to  undergo  a  rapid 
decadence  which  is  eventually  arrested  by  the  appearance  of  a  uniform 
and  practically  artificial  hand  known  as  Half-Cursive  Gothic.  Before 
the  reign  of  Edward  IV  this  conventional  hand  is  further  responsible 
for  two  eccentric  offshoots  known  as  "  Chancery"  and  "Court- Hand," 


368  Palaeography 

which  effectually  superseded  all  other  forms  of  curial  writing  in  Latin. 
The  general  characteristics  of  the  Gothic  hand  may  still  be  traced  as 
late  as  the  reign  of  Charles  I  in  vernacular  cursive  writing.  From 
that  date  it  is  completely  superseded  by  the  Humanist  calligraphy. 

{c)     Mediaeval  Writing  in  Old  French. 

The  mere  fact  that  a  considerable  proportion  of  the  official  writings 
of  this  country  between  the  latter  part  of  the  13th  century  and  the 
middle  of  the  15th  is  found  to  be  in  the  French  language,  does  not 
necessarily  imply  the  existence  of  any  real  palaeographical  distinctions 
between  the  contemporary  French  and  Latin  scripts.  On  the  con- 
trary the  same  Gothic  characters  are  clearly  recognized  in  both,  and 
herein  the  French  of  Stratford-le-Bow,  as  it  was  written,  cannot  be 
distinguished  from  the  French  of  Paris. 

At  the  same  time,  though  not  in  this  palaeographical  sense,  there 
is  a  considerable  difference  between  the  mediaeval  French  and  Latin 
scripts  from  the  point  of  view  of  the  modern  student.  In  the  first 
place  the  comparatively  uncontracted  form  of  the  French  MSS.  will 
be  easily  noticed.  But,  as  though  to  counterbalance  a  facility  of 
perusal  in  this  respect,  new  difficulties  of  a  linguistic  nature  must  be 
encountered.  Here,  indeed,  the  mediaeval  scribe  is  seen  to  labour 
under  the  same  disadvantage  as  our  modern  students.  French  is  not 
the  mother  tongue  of  either,  whereas  a  learned  familiarity  with  Latin 
may  be  assumed  in  the  case  of  both.  Even  the  orthographic  eccen- 
tricities of  native  writers  in  the  vernacular  are  governed  by  a  phonetic 
system  which  is  fairly  intelligible  to  the  foreign  reader  ;  but  the  official 
French,  as  droned  in  English  courts,  was  ever  attuned  to  a  false  key^ 

A  necessary  auxiliary  to  the  study  of  this  branch  of  Palaeo- 
graphy must  therefore  be  sought  in  a  working  knowledge  of  the 
grammar,  syntax  and  vocabulary  of  Old  French  as  used,  and  much 
abused,  by  English  clerks.  To  this  small  accomplishment  we  might 
add  with  great  advantage  an  elementary  knowledge  of  the  philology 
of  the  language  itself  But  although  a  comparatively  slight  acquain- 
tance with  these  archaic  phrases  will  give  us  the  sense  of  a  typical 
document,  it  will  not  enable  us  to  reproduce  the  text  in  an  extended 
form  without  certain  misgivings.  A  ceaseless  vigilance  will  be  needed 
to  ascertain  the  method  or  rather  tastes  of  individual  scribes,  and, 
despite  every  heed  of  precedents  and  idiosyncrasies,  we  can  only 
proceed  in  many  instances  by  guess-work. 

1    Year  Books  (Selden  Soc.),  Vol.  I.  Intro. 


Palaeography  369 

Perhaps  one  cause  of  these  difficulties  may  be  traced  to  an  un- 
conscious disinclination  to  take  the  conventional  compendia  of  this 
Gallic  script  quite  as  seriously  as  we  should  do  in  the  case  of  their 
Latin  equivalents.  In  fact  the  very  poverty  of  the  scribe's  resources 
diverts  our  attention  from  his  occasional  use  of  orthodox  devices. 
For  example,  if  the  article  makes  as  good  sense  as  the  pronoun  in  the 
form  of  lis,  we  are  liable  to  ignore  the  almost  invisible  contraction 
which  signifies  that  the  word  is  leiirs.  These  pitfalls  may  doubtless  be 
avoided  with  the  exercise  of  due  circumspection,  and  the  assistance  of 
certain  elementary  hand-books ;  but  nothing  less  than  pure  intuition 
will  enable  us  to  divine  which  of  two  or  three  orthographical  forms  a 
scribe  would  have  selected  for  the  extension  of  a  word  which  may  be 
represented  by  a  single  letter.  It  must  be  admitted,  however,  that 
these  are  extreme  cases,  and  that  in  the  great  majority  of  mediaeval 
official  documents  written  in  French  these  supreme  difficulties  will  not 
be  encountered.  Indeed,  we  may  remember  that  the  forms  of  Old 
French  preserved  in  English  official  documents  are  comparatively 
intelligent  when  compared  with  the  usual  renderings  of  Old  English 
terms.  Moreover  it  should  be  borne  in  mind  that,  many  of  these 
French  documents  contain  mere  versions  of  recognized  Latin  formulas 
and  the  student  will  receive  considerable  assistance  from  this  circum- 
stance. A  French  version  of  Letters  Patent  or  of  a  Privy  Seal,  for 
instance,  can  be  more  easily  read  than  an  Ancient  Petition.  From  a 
still  more  practical  point  of  view  these  Old  French  documents  are  of 
secondary  importance,  since,  numerous  as  they  are  during  the  14th 
century,  they  form  but  a  small  proportion  of  the  historical  documents 
of  the  whole  mediaeval  period.  Moreover,  a  large  percentage  of  the 
more  important  series,  notably  the  Rolls  of  Parliament,  has  been 
already  printed. 


(d)     Later  Official  Writing. 

A  careful  study  of  the  development  of  our  national  writing  will 
reveal  a  very  considerable  change  in  the  character  of  that  writing 
between  the  close  of  the  14th  century  and  the  beginning  of  the  i6th. 
At  the  same  time  it  would  not  be  an  easy  matter  to  determine  the 
approximate  date  of  the  change  referred  to,  or  to  indicate  its  precise 
nature  in  the  case  of  official  writings.  It  is  well  known  that  the 
change  in  question  was  accelerated  by  certain  external  causes  such  as 
the  official  recognition  of  the  vernacular  from  the  year   1362,  the 

H.  24 


370  Palaeography 

discovery  of  printing,  and  the  loss  of  the  clerical  monopoly  of  writing 
under  the  influence  of  the  New  Learning. 

Closely  connected  with  these  agencies  we  have  the  important 
revival  of  the  old  Franco-Roman  calligraphy  in  the  15th  century.  At 
one  time  this  stately  script  seemed  in  danger  of  disappearing  before 
the  inroads  of  the  modern  Gothic  ;  but  the  Humanist  studies  gave  a 
new  impulse  to  the  artistic  feeling  which  has  kept  alive  the  traditions 
of  an  elegant  Minuscule  writing  down  to  our  own  times.  In  another 
direction,  however,  the  increasing  use  of  the  vernacular  produced  a 
fresh  tendency  towards  national  individuality.  In  the  meantime,  as  we 
have  seen,  the  Gothic  writing  of  the  14th  century  had  already  begun 
to  assume  a  Half-Cursive  form.  Finally,  before  the  close  of  the  15th 
century  a  new  cursive  vernacular  script  had  been  evolved,  in  which, 
however,  the  forms  of  several  Gothic  letters  can  be  traced  at  least 
as  late  as  the  close  of  the   i6th  century. 

In  another  direction  the  conventional  characters  of  the  Gothic 
script  are  preserved  in  an  artificial  style  of  writing  to  which  the  terms 
"Court-hand,"  "Chancery,"  and  "Secretary"  have  been  applied.  This 
style  of  writing  continued  to  be  used  for  the  enrolment  of  legal 
Records  with  scarcely  any  change  till  the  beginning  of  the  i8th 
century. 

We  may  fairly  assume,  however,  that  from  the  middle  of  the 
l6th  century  the  spontaneous  habit  of  writing  in  a  Gothic  hand  had 
been  lost,  although  the  forms  of  many  Gothic  letters  were  preserved 
for  a  century  longer.  The  scribe  who  wrote  love  letters  and  kept 
accounts  in  a  cursive  vernacular  writing,  deliberately  cultivated  an 
artificial  hand  for  recording  the  proceedings  of  the  Courts  of  Law  or 
for  enrolling  an  instrument  in  the  Chancery.  Other  official  writers 
who  laboured  in  the  Signet  Office  or  in  the  study  of  some  minister  of 
the  Crown,  affected  the  more  elegant  hand  which  is  known  as 
"  Secretary."  Naturally  we  shall  find  every  sort  of  combination 
between  the  new  cursive  and  official  hands,  but  this  is  a  circumstance 
which  must  depend  in  every  period  upon  the  individuality  of  the 
scribe.  The  writing  of  a  mere  clerk  will  continue  to  be  as  conventional, 
relatively,  as  mediaeval  script  whether  the  characters  are  formed  upon 
a  Gothic  or  an  Italian  model.  But  when  for  the  first  time  the  laity 
begin  to  write  for  themselves,  the  ultimate  triumph  of  individuality, 
expressed  in  the  cursive  vernacular,  is  assured. 

Thus  the  bulk  of  the  official  writings  of  the  17th  and  i8th 
centuries  is  endited  in  the  natural  handwriting  of  statesmen,  governors, 
military  and  naval  officers,  and  their  numberless  correspondents.    Even 


Palaeography  37 1 

when  the  services  of  a  secretary  are  employed  his  "copper-plate" 
writing  ceases,  from  the  end  of  the  17th  century,  to  retain  any  vestige 
of  the  Gothic  script.  The  latter,  preserved  as  an  artificial  Court-hand, 
is  henceforth  confined  to  the  purely  legal  Records.  It  is  true  that  the 
volume  of  these  Records  has  considerably  increased  in  the  17th 
century,  but  their  historical  and  legal  interest  has  proportionately 
diminished.  The  State  Trials  and  Law  Reports  which  are  printed 
or  else  accessible  in  cursive  MSS.  provide  convenient  evidence  and 
familiar  case-law  for  the  modern  historian  or  lawyer. 

The  indiscriminate  use  of  the  terms  Court-hand  and  Chancery  in 
connexion  with  the  later  Gothic  writing  of  the  15th  or  even  of  the 
14th  centuries  is  probably  responsible  for  some  confusion.  As  a  matter 
of  fact  the  form  of  writing  which  is  usually  described  under  these 
titles  is  really  that  which  occurs  in  the  post-mediaeval  period,  though 
earlier  writers  regarded  the  term  Court-hand  as  equally  applicable  to 
the  reign  of  Henry  I  or  to  that  of  Henry  VU.  It  is  obviously  un- 
desirable that  a  table  of  the  forms  of  the  written  alphabet  during  the 
Tudor  period  should  be  regarded  as  descriptive  of  the  three  preceding 
centuries.  Such  a  table,  however,  is  presented  to  us  in  more  than  one 
of  the  most  authoritative  treatises  upon  the  subject,  and  the  impression 
is  thus  conveyed  that  "Court-hand"  is  a  general  term  for  all  official 
writings.  The  term  itself,  however,  is  a  very  convenient  one  and  might 
be  retained  with  advantage  if  its  use  were  confined  to  the  proceedings 
of  the  Courts  of  Common  Law  and  Exchequer  from  the  reign  of 
Edward  IV  onwards.  This  date  may  be  regarded  as  approximately 
marking  the  final  evolution  of  this  conventional  hand  from  the  de- 
cadent Gothic'.  The  chief  point  of  resemblance  between  the  two 
styles  of  writing  is  seen  in  the  angularity  of  the  Minuscule  letters,  but 
in  the  later  period  a  lozenge-shaped  con.struction  is  noticeable  in  the 
bodies  of  the  letters  b,  c,  d,  g,  o,  p,  q  and  s.  A  further  characteristic 
of  this  Court-hand  writing  is  found  in  the  habit  of  continuing  the 
bottom  of  the  down  stroke  in  the  letters  a,  c,  k  in  an  upward  direction 
so  as  to  form  a  bow.  A  third  distinction  is  seen  in  the  "  minims " 
themselves,  the  strokes  being  disconnected,  broad  throughout  and 
conspicuously  erect.  These  peculiarities  are  also  responsible  for  the 
undoubted  difficulty  found  in  reading  this  distinctive  hand,  and  they 
constitute  a  marked  distinction  between  this  writing  and  the  older 
Gothic. 

The  actual  forms  of  the  Court-hand  letters  differ  from  the  Gothic 

'  See  Appendix. 

24 — a 


2i']'2  Palaeography 

in  a  very  slight  degree.  Some  capitals  closely  resemble  those  of  an 
early  period.  Others  are  clearly  of  an  uncial  type  and  the  eccentric . 
outlines  of  a  few  more  do  not  constitute  a  specific  distinction.  On 
the  other  hand  some  letters,  notably  P  and  S,  do  present  important 
differences,  and  these  once  more  give  trouble  to  the  reader  who  is 
accustomed  only  to  the  Gothic  script. 

The  "Chancery"  hand  which  runs  a  parallel  course  with  this  Court- 
hand  in  the  i6th  and  17th  centuries  may  probably  be  distinguished 
from  the  Gothic  before  the  middle  of  the  15th  century\  Its  structural 
resemblance  to  that  form  of  writing  is  in  fact  much  closer  than  in  the 
ca.se  of  the  conventional  Court-hand,  although  certain  letters  are  much 
alike  in  both.  In  their  general  aspect,  however,  the  difference  between 
the  "Court-hand"  and  the  "Chancery"  hand  is  very  marked.  The 
latter  is  not  only  rounder  and  flatter  in  appearance,  in  distinction  to 
the  upright  and  sometimes  backward  lines  of  the  Court-hand,  but  the 
letters  are  more  open  and  loosely  formed.  The  two  styles,  however, 
possess  this  common  characteristic,  that  they  are  equally  artificial  and 
uniform  in  point  of  execution  so  that  the  writing  of  the  i6th  century 
presents  almost  the  same  features  as  that  of  the  i8th. 

The  third  conventional  handwriting  of  the  post- mediaeval  period 
is  usually  known  as  "Secretary"  owing  to  its  use  as  the  fair  hand 
in  which  letters  and  formal  documents  were  prepared  for  signature  or 
for  official  preservation. 

This  writing  was  developed  more  slowly  than  the  preceding  forms 
but  it  is  evidently  based  upon  the  calligraphy  of  the  late  1 5th  century 
with  an  admixture  of  Gothic  and  a  few  Court-hand  letters,  especially 
C  and  S.  One  of  its  most  characteristic  letters  is  a  small  p,  which  is 
often  mistaken  for  an  x.  In  the  i6th  century  this  hand  abounds  in 
flourishes  which  disguise  its  close  affinity  to  the  Humanist  calligraphy, 
whilst  many  letters  used  in  the  Court-hand  and  Chancery  alphabets 
are  introduced.  From  the  middle  of  the  17th  century  looped  capitals 
begin  to  replace  the  Gothic  forms.  In  addition  to  official  documents, 
numerous  private  deeds  and  formal  writings  in  this  hand  have  been 
deposited  amongst  the  legal  Records  and  State  Papers,  for  this  calli- 
graphy was  largely  practised  by  the  scriveners  whose  professional 
successors  still  preserve  its  general  forms. 

A  detailed  description  of  the  cursive  vernacular  writing^  which 
was  used  with  increasing  freedom  from  the  middle  of  the  15th  century 
would  be  impossible  here.     Moreover,  this  new  style  must  be  regarded 

^  See  Appendix. 


Palaeography  373 

as  a  hybrid  growth  containing  many  forms  of  letters  that  were  clearly 
borrowed  from  the  Gothic  itself  as  well  as  from  the  later  official 
writings  above  referred  to.  This  is  especially  evident  in  the  case  of 
certain  capitals  which  continued  for  another  century  to  be  modelled  on 
the  artificial  Gothic  forms.  The  use  of  these  and  even  of  small  letters 
derived  from  the  same  source  by  individual  writers  may  probably 
be  explained  by  the  use  of  certain  models  in  the  course  of  instruction. 
At  the  same  time  archaic  or  artificial  forms  would  naturally  be  affected 
by  those  engaged  on  official  or  legal  business,  whilst  the  influence 
of  the  Humanist  learning  is  seen  in  the  "copper-plate"  writing  of 
many  statesmen  or  scholars.  An  examination  of  a  variety  of  hands 
during  the  i6th  century  might  lead  us  to  suppose  that  certain  letters 
were  usually  formed  on  a  different  plan  to  that  which  has  prevailed 
since  the  close  of  the  17th  century.  This  fact  is  noticeable  in  respect 
of  certain  small  letters  as  well  as  several  capitals.  Of  these  some  may 
be  regarded  as  mediaeval  survivals  whilst  others  are  derived  from 
Court-hand  models.  At  the  same  time  several  partial  ligatures  occur 
as  in  the  conjunction  of  t  with  the  vowels  o  and  e,  and  that  of  h  with 
s,  c  and  t.  The  use  of  back  strokes  in  this  vernacular  writing  resembles 
a  device  of  mediaeval  scripts,  continued  in  the  artificial  curial  writings. 
The  cursive  vernacular  writing  above  described  occupies  a  middle 
place  between  the  artificial  Gothic  script  and  the  Humanist  calligraphy 
of  the  period.  For  another  century  the  resemblance  to  the  former 
is  very  noticeable;  but  from  the  beginning  of  the  17th  century  the 
Franco-Roman  Minuscule  resumed  its  former  sway.  At  the  same 
time  it  is  interesting  to  observe  that,  in  purely  cursive  writing  at  least, 
these  conventional  characters  are  insular  in  their  formation.  That  is 
to  say,  a  national  type  of  writing  may  be  distinguished  from  the 
i6th  century  onwards  in  distinction  to  the  cosmopolitan  scripts  of  the 
four  preceding  centuries.  We  might  even  venture  to  proceed  a  step 
further  and  to  assert  that  just  as  the  Scottish  writing  of  the  i6th 
century  exhibits  several  traces  of  the  close  political  relations  of  that 
country  with  France,  and  as  the  vernacular  Irish  script  continued 
with  little  change  of  form  until  the  reign  of  Henry  VIH,  so  this  new 
English  cursive  bears  an  inherited  resemblance  to  the  Old  English 
cursive  of  pre-Conquest  times. 


3  74  Palaeography 

{e)     The  Royal  Scriptorium. 

It  has  been  previously  observed ^  that  the  information  available  as 
to  the  institution  of  the  Chancery  in  this  country  and  its  working 
establishment  is  of  a  very  scanty  kind.  The  same  remark  must 
almost  necessarily  apply  to  our  knowledge  of  the  actual  apparatus  for 
writing  the  royal  acts  or  official  compilations  which  comprise  practi- 
cally the  whole  bulk  of  the  Records  preserved  in  the  State  Archives 
before  the  end  of  the  12th  century.  It  must  at  least  be  assumed  that 
such  documents  were  written  within  the  precincts  of  the  Court,  but 
this  necessary  assumption  is  the  cause  of  a  serious  difficulty. 

In  the  case  of  a  foreign  Court  the  needful  apparatus  was  naturally 
provided  by  the  Chancery  with  its  elaborate  notarial  establishment,  but 
the  existence  of  such  an  establishment  in  England  before  the  Conquest 
has  not  yet  been  proved^.  Even  a  century  later  we  fail  to  find  any 
traces  of  such  a  curial  department^  and  when  its  existence  can  be 
clearly  distinguished,  a  large  part  of  its  duties  are  performed  by  other 
clerical  agencies^ 

Indeed  in  the  case  of  the  most  ancient  and  characteristic  instru- 
ments, Royal  Charters  and  other  public  acts,  we  are  scarcely  justified 
in  assuming  that  the  actual  writing  was  performed  by  an  official 
scribe. 

There  is  no  uniformity  of  style  such  as  distinguishes  the  acts 
of  the  foreign  Chanceries  at  a  glance,  and  the  O.  E.  "  land-boc  "  and 
Anglo-Norman  charter  are  clearly  home-made ^  We  have  some 
evidence  of  the  employment  of  experts  for  this  purpose  by  certain 
religious  houses,  but  these  scribes  do  not  appear  to  have  formed  a 
professional  class  of  notaries^  In  fact  the  actual  writing  of  the  great 
bulk  of  the  diplomata  issued  before  the  middle  of  the  12th  century  was 
apparently  provided  by  individual  enterprise,  and  the  ceremony  of 
execution  itself  involved  no  clerical  apparatus,  whilst  no  official  rescript 
of  the  original  instruments  was  apparently  preserved  until  the  be- 
ginning of  the  13th  century. 

Even  as  late  as  the  Tudor  period  we  have  seen  that  it  was  usual 
for  the  tenor  of  a  royal  grant  to  be  prepared  ostensibly  at  least  by 
the  grantee  himself,  and  this  original  draft  was  submitted  for  the 

^  See  above,  pp.  157 — 162. 

^  See  above,  p.  163  sq.  ^  Dialogus,  l.  5.  *  The  Exchequer  and  the  Wardrobe. 

^  Cf.  above,  p.  175  sq.,  and  below,  p.  377.  Is  it  possible  that  Bishop  Stubbs  had  this  in 
mind  when  he  wrote :  "Abundance  of  charters... attest  the  activity  of  the  Church,  and  of  the 
monasteries  "  (C  H.  i.  242)  ? 

^  See  above,  p.  175. 


Palaeography  375 

royal  signature  and  is  still  preserved  as  a  record  of  the  first  stage  of 
an  official  transaction  which  was  now  protracted  with  a  sole  regard 
for  fees'.  One  reason  for  this  display  of  individualism  is  to  be  found 
in  the  well-known  fact  that  in  England  the  Church  was  before  the 
State  and  that  in  this  connexion  as  in  others  its  organization  was 
utilized  for  the  requirements  of  the  whole  community.  That  the 
clergy  alone  possessed  a  knowledge  of  letters  was  not  a  circumstance 
peculiar  to  this  country,  but  probably  in  this  country  alone  we  find 
the  very  ink  supplied  for  the  royal  Scriptorium  by  the  nearest  church, 
which  also  took  charge  of  the  most  precious  contents  of  the  royal 
Archives  and  still  harboured  these  Records  almost  within  the  memory 
of  living  men*.  Moreover  the  allusions  of  mediaeval  writers  would 
seem  to  indicate  a  conversance  with  affairs  of  State  on  the  part  of 
certain  learned  canons  or  monks,  which  might  well  have  been  acquired 
by  them  in  the  exercise  of  some  official  task.  When,  during  the 
controversy  relating  to  the  Scottish  supremacy,  Edward  I  requi- 
sitioned the  monastic  Archives  for  early  State  Papers  the  extent  of 
these  intimate  relations  was  at  once  revealed '. 

Perhaps  we  shall  find  that  very  similar  relations  between  the 
Church  and  the  clerical  departments  of  the  State  existed  on  the 
Continent,  at  least  as  late  as  the  prohibition  of  notarial  employment 
to  the  regular  clergy ^  But  although  we  find  no  traces  of  a  "notarial 
art "  in  connexion  with  the  earliest  establishment  of  the  royal  Scrip- 
torium in  the  shape  of  formula  books  or  other  technical  precedents, 
we  must  not  suppose  that  on  this  account  the  business  of  the  State 
was  inefficiently  conducted.  Whether  in  the  Curia  or  the  Camera, 
the  Chancery  or  the  Exchequer,  important  instruments  and  extensive 
accounts  were  dispatched  with  remarkable  skill  and  precision. 
Earlier  still  the  Great  Survey  remains  a  monument  of  clerical  labour', 
and  this  was  the  precursor  of  a  long  series  of  stupendous  inquisitions. 
These  will  be  found  to  extend  throughout  the  whole  of  the  succeeding 
period,  but  of  the  actual  apparatus  employed  for  the  execution  of 
these  writings  we  have  no  exact  knowledge.  One  thing  indeed  is 
certain;  clerks  there  were  in  plenty.  England  in  the  12th  centur)', 
we  have  been  assured,  was  a  "paradise  of  clerks."  We  have  un- 
fortunately no  means  of  ascertaining  whether  the  clergy  who  found 
maintenance  and  advancement  at  the  Court  formed    an   organized 

*  Sec  above,  pp.  163  sq.  and  349. 

*  Dialogus,  I.  V.     Cf.  E.  //.  A'.  Apr.  1904.  '  Above,  pp.  «,  14. 

*  Hy  the  Council  of  Kheims  in  1 131. 
'  Eyton,  Notet  on  DouusJay. 


376  Palaeography 

official  body ;  whether  they  were  borne,  so  to  speak,  on  the  establish- 
ment of  the  Chancery  and  Exchequer  or  eked  out  the  emoluments  of 
a  canonry  or  benefice  by  fees  or  perquisites.  Especially  we  should 
wish  to  know  under  what  conditions  they  worked  and  whether  they 
wrote  these  charters  and  rolls  with  their  own  hands  or  dictated  the 
entries  to  subordinate  scribes,  and  if  so,  whether  those  scribes  affected 
the  character  of  a  learned  caste.  Such  evidence  as  we  have  perhaps 
seems  to  indicate  that  clericus  and  scriptor  were  in  most  cases 
convertible  terms,  and  in  mediaeval  illustrations  the  clerk  is  de- 
lineated in  the  act  of  writing.  In  some  cases  the  clerk  appears  to 
have  been  an  executive  officer,  acting  as  the  deputy  of  an  officer  of 
State  and  merely  supervising  the  labours  of  the  official  scribes^  In 
other  cases  a  clerk  held  a  permanent  appointment  as  the  writer  of 
a  particular  record  and  was  paid,  not  as  a  clericus,  but  as  a  scriptor. 
The  records  of  such  payments  are,  however,  very  infrequent  and  we 
are  tempted  to  suppose  that  the  permanent  officials  or  patent 
officers  provided  such  clerical  assistance  as  they  required'^,  a  practice 
followed  in  the  government  departments  until  comparatively  recent 
times. 

The  patent  offices  referred  to,  which  were  held  antiqtio  jure,  were 
nevertheless  few  in  number  and  quite  inadequate  to  supply  the 
requirements  of  the  most  primitive  system  of  administration.  The 
greater  number  of  clerical  posts  must  therefore  have  been  filled  by 
"  supernumerary "  clerks  paid  by  fees  received  on  a  recognized 
scale  from  suitors  or  accountants^.  Such  a  system  would  tend 
towards  the  creation  of  a  professional  class  such  as  the  Cursitors 
afterwards  became,  whilst  in  the  Curia  itself  the  necessary  writing  was 
no  doubt  undertaken  by  the  prothonotaries. 

It  will  be  evident  from  the  above  instances  that  a  practically  un- 
limited supply  of  competent  scribes  could  be  provided  for  the  service 
of  the  Crown  before  the  close  of  the   12th  century.     In   addition, 

^  In  this  connexion  we  may  remember  that  clericus  was  a  recognized  rank  in  the  mediaeval 
Household,  being  that  above  the  sergeant  and  next  to  the  hereditary  chief  [Magister)  of  a 
department  {ministerium)  or  his  nominee. 

^  Thus  the  Magister  Scriptorii  (Regis),  who  was  in  receipt  of  a  large  salary,  was  required 
to  provide  (invenire)  suitable  scribes  at  the  Exchequer  for  writing  the  Chancery  rolls  and 
writs  there  {Dialogus,  i.  v.).  One  of  these,  however,  was  paid  with  the  Exchequer  staff. 
Cf.  Red  Book,  p.  cccxxxv,  citing  a  contract  in  the  reign  of  Edward  I,  from  which  it  appears 
that  as  many  as  68  supplementary  clerks  were  employed  during  vacation  in  1290  by  the 
permanent  officials  at  the  Exchequer  who  were  reimbursed  by  the  Crown. 

**  As  for  instance  in  connexion  with  the  "Judaism  "  (Hoveden,  ni.  262).  That  such  fees 
were  not  unknown  in  an  earlier  period  is  clear  from  Dialogus,  I.  vi.  In  the  reign  of 
Henry  VIII  the  system  was  carefully  protected  by  legislation  (27  Hen.  VIII,  c.  11). 


Palaeography  377 

however,  to  the  original  diplomata  and  rolls  written  or  compiled  in 
the  royal  chapel  or  Treasury,  or  in  the  Camera  Clericorum  of  the 
itinerant  Household,  a  large  portion  of  the  existing  Archives  was 
composed  at  the  instance  of  the  local  officers  of  the  Crown.  Thus 
nearly  every  original  or  judicial  writ  that  issued  from  the  Chancery, 
Exchequer,  or  Curia  bore  an  appropriate  Return  endorsed  or  in  a 
schedule.  In  the  case  of  the  great  inquests  of  the  period,  these 
Returns  were,  as  we  know,  voluminous,  and  the  Accounts  of  sheriffs 
and  bailiffs  were  even  more  extensive.  To  these  must  be  added  the 
documents  connected  with  the  local  administration  of  justice,  so  far 
as  they  were  not  prepared  by  the  itinerant  justices  or  their  clerks. 

Here  we  have  no  question  of  an  official  machinery  in  the  shape  of 
notarial  bodies  in  certain  local  centres.  The  writings  which  emanated 
from  these  scattered  bailiwicks  must  have  been  provided  out  of  purely 
local  resources.  How  was  the  thing  done }  It  was  a  simple  matter 
for  the  Crown  to  give  an  order  for  the  taking  of  a  general  inquest  with 
the  injunction  added  Facias  inbreviare  or  redigere  in  scriptum,  but  the 
burden  thrown  upon  an  unlettered  community  must  have  been  a 
heavy  one.  For  we  can  scarcely  doubt  that  these  Returns  were 
home-made,  by  the  hands  of  domestic  chaplains,  village  priests  and 
itinerant  scholars.  The  few  surviving  fragments  of  12th  century 
inquests  written  by  unskilful  hands  in  uncouth  Latin  upon  odds  and 
ends  of  precious  parchment  bespeak  their  origin',  and  here  we  have 
another  process  of  casual  production  to  add  to  the  primitive  methods 
of  the  royal  Scriptorium. 

For  an  exact  description  of  the  materials  or  implements  of 
writing  used  by  the  official  scribe,  we  should  look  in  vain  amongst 
the  earliest  mediaeval  Archives,  seeing  that  we  do  not  know  with  any 
certainty  where  he  was  housed.  We  have  already  seen  that  ink 
was  specially  provided,  and  we  know  on  the  same  authority  that 
parchment  was  supplied  by  the  permanent  scribes-'.  The  necessary 
implements  of  his  craft  in  the  shape  of  pens,  knives,  compass,  &c. 
would  obviously  have  been  the  same  as  those  which  are  known  to  us 
from  other  sources.  The  recognition  from  an  early  date  of  the  im- 
portance of  the  office  of  the  Magister  Scriptorii^  might  certainly  lead 
us  to  infer  that  the  same  discipline  and  professional  traditions  were 
observed  as  in  the  case  of  the  well-ordered  monastic  copying-room*. 

>  Kxch.  K.  R.  Knights'  Service,  Kdlc.  I. 

'  Dtalogm,  I.  iii  and  v.      In  the  reign  uf  John  the  tatter  is  supplied  out  uf  the  royal 
revenues  (Rot.  de  Misis,  &'c.  f>assim). 

*  Dialogtu,  I.  V,  vi.     Red  Book  of  the  ExchtqutTy  p.  807. 

*  Hardy,  Catalogut,  Vol.  II.  Intro. 


SyS  Palaeography 

We  know  at  least  that  it  was  a  point  of  honour  to  copy  accurately^ 
to  space  consistently^  and  to  avoid  erasure^ 

The  conventional  system  of  cancellation  and  interlineation  is  well 
preserved^  and  at  a  later  date  is  deserving  of  careful  attention.  It  is 
even  clear  that  the  rubrication  and  illumination  of  official  or  semi- 
official registers  was  as  usual  performed  by  a  distinct  hand,  since  we 
find  many  spaces  for  these  ornaments  left  in  existing  Records.  At 
the  same  time  we  owe  to  the  individual  talent  or  enterprise  of  official 
scribes,  from  the  13th  century  onwards,  many  curious  marginal  figures, 
together  with  a  code  of  symbols  which  has  a  special  archaeological 
value  in  connexion  with  the  history  of  the  Exchequer*.  The  clerks 
of  that  ancient  court  were  also  credited  with  an  exclusive  system  of 
arithmetic  but,  beyond  the  use  of  a  curious  combination  of  points  or 
"dots"  in  the  margin  of  Accounts*,  this  distinction  is  not  apparent  in 
official  MSS.  The  writing  of  tallies  was  entrusted  to  a  special  clerk, 
but  the  device  was  not  employed  in  official  circles  only.  Although 
the  official  scribe  of  the  post-Conquest  period  scarcely  attained  the 
high  standard  of  calligraphy  set  in  the  preceding  period  by  the  Old 
English  school,  his  work  on  the  whole  compares  favourably  with  that 
of  his  foreign  contemporaries.  In  point  of  intelligence  and  accuracy 
moreover  he  was  not  their  inferior,  although  subject  to  the  same 
failings  that  characterize  the  methods  of  the  whole  fraternity.  His 
worst  mistakes,  in  spite  of  the  widely  circulated  glossary  known  as 
Expositiones  Vocabidornni'' ,  are  committed  in  copying  Old  English 
terms,  whilst  his  difficulties  in  respect  of  insular  French  have  recently 
been  the  subject  of  an  enlightened  criticism^  But  in  connexion  with 
the  severe  test  of  personal  names  and  place-names  we  can  scarcely 
fail  to  be  astonished  at  the  extent  of  his  general  information.  In  the 
mere    copying   of  continuous  works    we   have,    it    is    true,    frequent 

1  Dialogus,  I.  V. 

2  Ibid.  Official  punctuation,  so  exasperating  in  a  later  period,  is  almost  a  negligible 
quantity  during  the  Middle  Ages.  A  noticeable  feature  in  Accounts  is  the  point  usually 
placed  before  and  after  the  individual  figures  of  a  sum. 

*  Ibid.  The  use,  or  rather  abuse,  of  palimpsests,  the  particular  aversion  of  continental 
notaries,  seems  to  have  been  very  rare  amongst  English  official  scribes. 

■*  Dialogus,  I.  V. 

^  For  the  explanation  of  these  signa  see  Palgrave,  Kalendars,  and  Antiquities  of  the 
Exchequer,  p.  55  sq. 

^  To  represent  the  counters  used  in  various  combinations  of  figures,  cf.  Antiquities  of 
the  Exchequer,  p.  146.  English  official  scribes  appear  to  have  been  conservative  with 
regard  to  the  use  of  Arabic  figures.  The  earliest  of  these  noticed  by  the  present  writer 
occur  in  the  Hargrave  MS.  313,  which  probably  had  an  official  origin  and  which  was 
compiled  soon  after  1250. 

■^  Red  Book  of  the  Exchequer,  p.  1032  sq.  **  Above,  p.  368  n. 


Palaeography  379 

instances  of  carelessness  and  arbitrary  treatment  of  an  exemplar,  but 
work  of  this  kind  was  often  merely  of  a  semi-official  character. 

In  this  connexion  it  may  be  worth  while  to  point  to  the  need  for 
some  special  term  descriptive  of  the  compilations  in  book-form  which 
are  written  in  a  style  that  seems  to  occupy  a  middle  place  between 
the  curial  writing  in  rolls  and  diplomata  and  the  set-hand  of  the 
monastic  Scriptorium.  Perhaps  the  term  "  Register-hand "  may  be 
regarded  as  sufficiently  characteristic  of  the  large  class  of  official  and 
semi-official  compilations  which  are  technically  known  in  the  present 
day  as  "  Registers  "  and  "  Books  of  Remembrance." 

(/)     Palaeographical  Terms. 

If  we  are  able  to  enumerate  a  fairly  extensive  series  of  technical 
terms  connected  with  official  writings  in  this  country  in  ancient  and 
modern  times,  it  will  also  be  found  that  this  terminology  is  of  a 
somewhat  promiscuous  and  casual  type.  It  will  in  fact  be  desirable, 
in  order  to  avoid  confusion,  to  discard  entirely  such  terms  as  have 
been  coined  by  later  official  antiquaries,  in  the  17th  and  iSth  centuries, 
without  any  regard  to  recognized  mediaeval  forms.  The  latter  in 
turn  appear  to  have  been  frequently  confused  with  classical  analogies, 
real  or  fancied,  and  an  adequate  list  of  native  terms  is  still  a  desidera- 
tum.. Under  these  circumstances  it  will  only  be  possible  here  to  give 
a  few  indications  of  the  contexts  in  which  these  terms  generally 
appear. 

In  the  first  place  the  written  document  itself  is  very  variously 
described  and,  as  a  rule,  it  is  only  in  official  documents  that  the  terms 
employed  in  this  connexion  amount  to  anything  more  than  a  generali- 
zation or  even  to  a  mere  abstraction.  This  is  especially  noticeable  in 
the  case  of  cultured  but  unofficial  writers.  The  clerks  of  the  King's 
Court  at  least  attached  some  weight  to  the  terminology  of  their  profes- 
sion. Such  words  as  scriptura,  conscriptio  and  scriptum  for  example  may 
mean  anything,  but  descriptio,  inbrevatio  and  abbrevatio  have  a  special 
significance'.  We  do  not,  however,  find  these  general  terms  employed 
in  a  technical  sense  according  to  the  style  of  the  continental  notaries*, 
and  their  use  on  the  whole  has  little  .scientific  value. 

The  same  conclusion  must  apply  to  the  several  terms  employed 
to  describe  the  materials  of  writing.     The  composition  and  quality  of 

'  These  arc  the  terms  used  for  roy.il  surveys  or  in<|uestH,  for  the  compiUtiun  of  the  statistics 
ascertained  by  iiujuest,  and  for  the  brief  ditjesls  of  the  results  for  convenience  of  reference, 
respectively. 

'  t.g.  Siriptum  doHtUionis,  &c. 


380  Palaeography 

mediaeval  ink  are  subjects  that  have  little  concern  for  us  here.  The 
respective  uses  of  incaustum  and  atramentum,  of  chrysography  and 
rubrication  play  their  part,  it  is  true,  in  the  bella  diplomatica  of  the 
17th  and  1 8th  centuries.  Possibly  too  the  probability  that  the 
monastic  forgers  of  Westminster  or  Winchester  used  the  very  ink 
that  was  supplied  for  the  writing  of  Domesday  Book,  the  Pipe  Rolls 
and  the  Royal  Charters  of  the  12th  century  is  a  fact  of  little 
more  than  sentimental  interest.  Whether  the  ink  of  the  later  official 
Scriptorium  differed  in  any  important  respect  from  other  preparations 
may  well  be  doubted.  At  the  same  time  a  superficial  difference 
between  the  appearance  of  the  ink  in  official  and  literary  MSS.  may 
be  easily  remarked.  This  effect,  however,  is  possibly  due  to  the 
quality  of  the  parchment  which  in  the  former  case  is  usually  less 
finely  dressed  and  of  a  darker  tint.  Owing  to  this  circumstance, 
perhaps,  the  ink  of  rolls  and  loose  membranes  appears  to  have  been 
applied  with  a  lavfsh  hand,  and  this  is  particularly  noticeable  in  the 
smaller  "  pieces  "  on  which  so  many  original  documents  were  written. 
In  fact  when  thickly  laid  on  the  rough  surface  of  this  stout  parch- 
ment the  viscid  and  lustrous  ink  of  the  12th  century  stands  out  like 
black  enamel. 

The  terminology  of  the  earliest  Archives  is  notoriously  per- 
plexing, as  may  well  be  the  case  when  such  widely  different  forms 
as  a  roll,  a  file,  a  book  and  a  single  sheet  may  be  described  in  con- 
vertible terms  as  rotiihis,  liber,  volumefi,  carta  and  breve'^.  The  rotulus 
itself  may  consist  either  of  membranes  sown  together  end  to  end,  or 
of  membranes  and  portions  of  membranes  filed  at  the  head.  The 
former  type  is  officially  distinguished  as  a  "  consecutive "  and  the 
latter  as  a  "  headed "  roll,  but  these  terms  like  that  of  "  rotulet " 
applied  to  the  individual  membranes  of  a  "  headed  "  roll  are  of  modern 
origin.  There  appears,  however,  to  have  been  a  well-marked  dis- 
tinction between  the  use  of  membrana  and  rotultis  in  the  above 
connexion,  for  the  membranes  of  headed  rolls  are  always  referred  to 
as  rotuli.  Again,  a  somewhat  vague  distinction  is  made  between  the 
"  pagination  "  of  official  and  the  "  foliation  "  of  unofficial  books. 

Writings  made  on  separate  pieces  of  parchment  but  connected 
with  the  main  entry  were  described  as  iri  cedula,  a  term  which  had 
not,  however,  at  any  time  an  exclusively  official  usage. 

A  rarer  term  occurs  in  the  use  o{  peciae  to  denote  the  component 
parts  of  a  file  of  loose  documents. 

^  Instances  will  be  found  in  the  literature  of  Domesday  Book.     A  variety  of  synonyms  for 
a  single  document  will  be  found  in  the  collections  of  Old  English  charters. 


Palaeography  38 1 

The  practice  of  filing  {in  filaciis)  was  very  ancient,  though  in  the 
1 2th  century  it  seems  to  have  been  also  the  custom  to  preserve  loose 
documents  in  separate  compartments  {in  forulis),  an  alternative 
method  of  filing  which  perhaps  suggested  the  official  "  pigeon- 
holes" of  modern  times. 

Such  points  as  these  would  be  of  purely  antiquarian  interest  were 
it  not  for  the  importance  of  noticing  the  recognition  of  each 
membrane  or  leaf  as  a  distinct  unit  for  the  purpose  of  official 
reference.  Each  has  its  front  and  its  dorse,  and  before  the  period  of 
consecutive  foliation  cross  references  are  made  according  to  the 
number  of  precedent  or  subsequent  leaves'.  We  even  find  the 
continuation  of  a  particular  entry  not  only  carried  from  the  front  to 
the  dorse  of  a  membrane  and  thence  to  a  new  membrane,  but  also 
to  any  convenient  position  in  the  roll  with  an  appropriate  direction 
in  each  case*.  These  precautions  were  doubtless  the  outcome  of  the 
very  ancient  practice  of  regarding  every  diplomatic  document  as 
consisting  properly  of  a  single  roll  written  only  on  the  front  and 
complete  in  itself*.  Paper  as  a  substitute  for  parchment  can  scarcely 
be  regarded  as  a  recognized  official  material  before  the  15th  century, 
and  even  for  another  century  the  great  majority  of  documents  in  this 
form  were  received  from  private  sources. 

The  various  terms  employed  to  describe  the  external  tegument  of 
official  documents  when  bound  or  sewn  together  have  no  distinctive 
character.  Such  terms  as  Liber  Albiis,  Liber  Pilosns,  &c.,  denoting 
the  colour  or  texture  of  the  cover,  were  in  general  use,  but  it  should 
be  remembered  that  it  must  not  by  any  means  be  assumed  that  either 
the  existing  binding  or  outer  covers  of  official  books  or  rolls  are  of 
contemporary  date  with  the  record  itself.  This  remark  applies  with 
special  force  to  the  lettering,  pagination  and  even  to  the  order  of  the 
contents.  It  is  of  some  interest  to  find  that  the  date  of  the  existing 
binding  of  several  historical  records  can  be  ascertained  from  official 
entries*. 

'  Reference  was  even  made  in  the  case  of  a  complete  roll  to  the  fint  or  other  roll 
preceding. 

'  J'liis  in  dono — Adhue  de — Kesiduum  de — Post — 9iC. 

'  So  we  have  even  in  the  13th  century  such  official  terms  m  /Hirt'i  rittuli,  Imtgi  rt>/n/i,  &c. 
and  a  considerable  number  of  single,  rolled  membranes  wiillen  and  preserved  in  the  same 
manner  as/>a/>yri. 

*  The  Kxchequer  Books  appear  for  the  most  part  to  have  been  bound  in  the  14th  century, 
and  repaired  in  the  i6th.  Kew,  if  any,  ancient  ImwUs  of  the  Chancery  can  be  recognized. 
The  Liter  Decree  Btwks,  like  many  other  ofticial  tNM>ks  cnmpiletl  after  the  15th  century,  were 
usually  Ixjund  in  vellum.  For  the  mtxtern  series,  including  the  State  Papers,  calf  was 
largely  used.     A  large  numlier  uf   registers,  which  are  now  preserved  amongst  the  Public 


382  Palaeography 

There  is  of  course  another  aspect  of  the  terminology  of  official 
MSS.  which  is  occupied  with  their  contents  rather  than  with  their 
composition  or  preservation  ;  but  this  is  a  subject  which  does  not 
concern  us  here. 

i^g)     Palaeographical  Tests. 

The  conclusions  which  may  be  drawn  from  the  character  of  the 
handwriting  and  other  external  indications  afforded  by  official  MSS. 
have  been  referred  to  generally  under  the  head  of  Diplomatic. 
Obviously  certain  palaeographical  tests  must  form  part  of  the  process 
of  scientific  "description  "  by  which  we  seek  to  determine  the  purport, 
date  and  authenticity  of  a  given  document.  This  description,  however, 
involves  the  consideration  of  other  features  of  the  MS.  besides  the 
handwriting  itself.  In  fact  as  a  final  test  of  date  or  authorship,  the 
results  of  a  close  examination  or  comparison  of  handwriting  are 
admitted  by  most  ancient  and  modern  writers  to  be  unsatisfactory. 
Even  though  an  expert  can  usually  satisfy  himself  at  a  glance  as  to 
the  approximate  date  or  general  character  of  the  greater  number  of 
historical  MSS.,  it  does  not  follow  that  others  will  agree  with  his 
opinion.  Moreover  the  most  confident  opinions  have  in  so  many 
cases  ^  proved  to  be  erroneous  that  a  wise  reticence  is  usually  observed 
in  matters  of  any  consequence.  It  has  been  recorded  in  his  own 
handwriting  by  a  famous  official  antiquary-  that  a  certain  Register  is 
of  the  time  of  King  Henry  VII  from  the  character  of  the  handwriting, 
and  this  opinion,  he  adds,  is  confirmed  by  the  style  of  illumination 
peculiar  to  that  period.  Later  official  authorities  have  assigned  the 
date  of  the  MS.  without  hesitation  to  the  reign  of  Edward  I,  and  this 
is  now  the  accepted  date*. 

Curiously  enough,  another  "Breviate"  of  Domesday  exists  in 
official  custody*  to  which  the  same  date  has  been  officially  assigned. 
A  third  "  Breviate"  however,  which  is  not  in  official  custody^  has  been 
authoritatively  described  as  a  12th  century  MS.  although  the  writing  is 
to  all  appearance  of  the  same  character  as  the  last  mentioned  official 

Records  were  not  compiled  in  official  custody.     From  an  early  date  rolls,  whether  headed  or 
consecutive,  were  protected  by  a  thick  vellum  flap. 

^  The  evidence  of  experts  in  handwriting  can  scarcely  be  regarded  as  convincing  in  really 
difficult  cases. 

*  Peter  le  Neve,  Norroy  King  of  Arms  ( 1 704-29)  in  the  case  of  the  ' '  Breviate  "  of  Domesday 
referred  to  below.  Possibly  the  cause  of  his  error  is  to  be  found  in  the  descriptions  of  the 
illuminations  scribbled  on  the  fly-leaves  in  a  late  Gothic  hand. 

*  Scargill-Bird,  Guide,  p.  122.     Cf.  Court  Life  undtr  the  Plantagenets,  p.  203. 

*  Exch.  K.  R.  Miscellaneous  Book,  No.  i.  ^  MS.  Arundel,  153. 


Palaeography  383 

volume,  and  on  the  strength  of  this  resemblance  and  other  indications 
it  has  been  suggested  that  both  these  additional  "Breviates"  are  MSS. 
of  the  late  12th  century  or  early  years  of  the  13th'. 

This  uncertainty  and  inconsistency  in  dating  comparatively 
obscure  records  is  perhaps  excusable,  but  more  than  one  historical 
text  of  the  highest  constitutional  importance  has  been  derived  from 
a  misdated  MS.  Thus  the  Feodary  known  as  the  Black  Book  of  the 
Exchequer  has  been  persistently  ascribed  to  the  reign  of  Henry  II 
by  mediaeval  historians  whilst  by  official  experts  it  is  connected  with 
the  reign  of  Henry  HI. 

The  actual  date  of  its  compilation  must  be  placed  towards  the 
end  of  the  reign  of  King  John*.  The  imperfect  description  of  the 
collection  known  as  the  Testa  de  Nevill  is  another  instance  in  point', 
and  when  we  recall  the  early  misconceptions  which  prevailed  with 
regard  to  the  famous  Pipe  Roll  of  1130*  we  may  even  feel  prepared 
for  a  disillusionment  concerning  the  contemporary  date  of  Domesday 
Book  itself.  For  from  a  purely  palaeographical  point  of  view  the  gulf 
fixed  between  the  existing  volumes  of  the  Great  Survey,  between  the 
official  transcript  and  the  official  "Breviate,"  appears  indeed  impassable 
within  the  span  of  six  months  or  of  six  years. 

If  therefore  we  have  to  admit  that  the  comparison  of  handwritings 
is  unsatisfactory,  it  is  clear  that  we  must  employ  this  palaeographical 
test  as  sparingly  as  possible.  Other  methods  that  are  based  on  the 
observations  of  the  materials  employed  possess  the  same  defect  of 
inconclusiveness.  In  theory  the  exceptions  to  a  convenient  generaliza- 
tion may  prove  the  rule,  but  in  practice,  especially  legal  practice,  they 
are  clearly  inconvenient.  Such  are  the  general  indications  afforded 
by  the  texture  or  tint  of  the  parchment  and  the  spacing,  lineation, 
punctuation,  rubrication,  illumination,  contraction  marks  and  accents 
of  MSS.  Moreover  the  periods  determined  by  these  distinctive  signs 
are  usually  too  wide  to  be  of  much  practical  value. 

The  familiar  rules  of  the  "dry  point,"  of  the  "tagged  e,"  of  the 
acute  contraction  mark,  of  green  or  blue  initials  may  fix  the  date  to 
a  century  or  to  half  a  century,  but  for  official  documents  we  require 
some  narrower  margin.  This  is  frequently  supplied  by  diplomatic 
evidence,  such  as  the  style  or  signatures,  and  therefore  on  the  whole 
the  above  indications  are  of  less  service  in  the  case  of  Records  than 

'  Atheiueum,  15  Sep.  1900.  '  Ktd  Hook  (Rolls),  p.  Ivi. 

'  Ibid.  p.  ccxxi  s<j.     This  was  written  before  the  puhlication  of  valuahle  essays  by  Dr  J.  H. 
Round  and  Mr  C).  J.  Reichcl. 

*  M.ndox,  Iliilory  of  Exihfij.  (Dissert.  E/*ist.). 


3^4  Palaeography 

of  literary  MSS.  For  indications  of  the  nationality  or  even  of  the 
provincialism  of  the  scribe,  as  well  as  to  some  extent  of  the  antiquity 
of  documents,  philology  may  assist  us  to  good  purpose.  There  are, 
however,  certain  inferences  to  be  drawn  from  obvious  defects  or 
blemishes  in  Records.  Of  these  the  most  harmless  are  blanks  which 
only  the  most  daring  forger  would  attempt  to  utilize  ;  but  lines  left 
unfilled  are  often  furnished  with  an  important  postscript  in  the  case  of 
official  Registers  for  the  purpose  of  bringing  an  entry  up-to-date. 

In  diplomatic  writings,  however,  such  opportunities  were  more 
rarely  furnished,  new  paragraphs  being  carefully  avoided.  Even  when 
the  insertions  and  "posteas"  above  referred  to  were  duly  authorized, their 
true  character  must  be  carefully  distinguished,  and  much  inconvenience 
may  be  caused  by  their  adoption  in  a  later  transcript  as  part  of  the 
original  text. 

Naturally  the  most  frequent  interpolations  in  all  MSS.  are  those 
effected  by  way  of  interlineation.  Here  the  practice  of  inserting 
additional  matter  must  be  distinguished  from  that  of  supplying  words 
omitted  at  the  time,  which  are  obviously  required  by  the  context.  In 
some  cases  a  supplementary  entry  may  be  regarded  as  a  mere 
embellishment  due  to  the  taste  of  the  corrector^  When  this  identifi- 
cation is  not  possible  the  acceptance  of  the  addition  must  depend 
chiefly  on  the  absence  of  any  motive  for  forgery. 

The  same  attitude  has  been  usually  preserved  in  respect  of 
erasures.  These  were  positively  forbidden  by  the  rules  of  the 
Scriptoi'ium'^,  but  their  frequent  occurrence  in  spite  of  this  prohibition 
is  not  necessarily  a  suspicious  circumstance.  On  the  contrary  a 
palpable  and  especially  an  extensive  erasure  may  be  regarded  as 
a  presumption  of  bona  fides  if  we  are  convinced  that  it  was  made 
by  the  original  scribe.  In  no  age  have  ofificial  regulations  been  taken 
altogether  seriously,  at  least  by  the  officials  themselves,  and  the  public 
confession  of  a  blunder  by  the  process  of  subpunctuation  must  have 
been  particularly  distasteful  to  a  mediaeval  scribe.  In  fact  we  are 
assured  that  a  scribe  who  valued  a  reputation  for  penmanship  rather 
than  for  accuracy  frequently  ignored  clerical  errors,  the  correction 
of  which  would  have  spoilt  the  appearance  of  his  MS.  But  whatever 
the  nature  of  these  clerical  errors,  it  is  at  least  clear  that  they  were 
more  easily  tolerated  in  the  official  practice  of  this  country  than 
abroad.  Thus  we  do  not  find  in  the  earliest  period  covenants  to 
guard  against  the  use  of  palimpsests  or  the  common  formula  which 

1  e.g.  The  glosses  in  Domesday  Book.  ^  Dialogus,  i.  v. 


Palaeography  385 

certifies  that  an  evidential  document  is  free  from  every  blemish. 
Neither  is  it  usual  to  mention  the  damaged  or  imperfect  condition 
of  the  original  by  way  of  caution  or  reservation.  The  difference 
between  the  practice  of  the  insular  and  Continental  Scriptorium  in 
this  respect  is  of  course  only  the  reflection  of  a  different  system 
of  jurisprudence.  When  we  find  instances  of  such  precautions  in 
diplomata  preserved  amongst  our  national  Archives  we  may  be  pretty 
sure  that  we  have  to  do  with  the  handiwork  of  an  authorized  notary, 
or  with  some  case  affecting  the  subjects  of  a  king  of  France  reigning 
at  Westminster^ 

On  the  whole,  then,  we  shall  perhaps  be  well  advised  to  make 
a  more  liberal  allowance  for  the  frailty  of  clerical  nature  as  evinced  by 
error  rather  than  by  fraud.  Ignorance  and  inattention  wul  account  for 
worse  than  clerical  errors  in  the  business  of  the  State  in  every  age. 
But  besides  these  and  other  besetting  sins,  the  path  of  the  mediaeval 
scribe  was  strewn  with  many  snares.  Of  these  the  most  fatal  to 
copyists  is  probably  the  well-known  illusion  caused  by  "  dittography," 
which  was  intensified  by  the  prevalence  in  official  exemplars  of 
recurring  names  and  formulas. 

Another  danger  which  might  affect  original  composition  was  due 
to  the  practice  of  the  dictamen,  resulting  in  phonetic  misconceptions. 
Thus  the  words  "  Carta  Regis"  as  dictated  by  a  thick-lipped  canon, 
might  easily  be  understood  and  written  as  ^^  Carta  ejus"  by  the 
inattentive  scribe. 

When  we  have  gauged  the  capacity  of  mediaeval  clerks,  we  shall 
probably  have  learned  to  distrust  the  accomplished,  re.sourceful  and 
devoted  chronicler  of  vested  interests  more  than  the  official  pedant  or 
his  drudge.  It  is  certain  that  cases  of  the  forgery  of  Records  are  very 
rare,  and  the  offenders  were  universally  denounced*.  That  official 
scribes  made  faithful  transcripts  of  forged  charters  in  the  routine  of 
business  docs  not  imply  their  complicity  in  a  public  fraud,  even 
though  credulity  was  to  their  interest.  Possibly  a  considerable  amount 
of  local  forgery  in  the  shape  of  the  production  of  "  bogus "  Writs 
and  the  falsification  of  Accounts  was  perpetrated  by  royal  officers  and 
accountants,  but  such  abuses,  if  they  escaped  correction  at  the  time, 
are  usually  revealed  by  their  own  imperfection. 

'  These  notarial  forms  occur  chiefly  in  connexion  with  ecclesiastical  and  commercial 
business.  Instances  in  the  case  of  French  charters  confirmed  by  the  Knglish  crown  will  lie 
found  in  the  French  and  Norman  Rolls  of  the  15th  century. 

'  The  corrupt  judges  of  Kdward  I  and  the  reactionary  government  of  Richard  II  were 
charged  with  offences  of  this  nature,  for  which  an  exemplar)'  punishment  was  meted  out. 

H.  as 


386  Palaeography 

In  a  much  later  period  we  encounter  fresh  difficulties  in  the  identi- 
fication of  official  writings,  difficulties  which  are  chiefly  due  to  the 
want  of  facilities  for  the  comparison  of  drafts  or  copies  of  ministerial 
despatches  with  established  holographs.  It  is  true  that  as  a  rule  the 
personality  of  the  actual  writer  counts  for  little  in  accepting  these 
official  despatches  as  historical  texts.  Even  the  existence  of  a  wide- 
spread belief  that  in  these  documents  we  have  the  ipsissima  verba  of 
individual  statesmen,  together  with  their  individual  system  of  punctua- 
tion, capitalization  and  spelling,  is  of  little  moment.  The  official 
letter  written  to  order,  or  to  pattern,  and  usually  corrected  by  a 
responsible  hand,  may  be  regarded  as  to  all  intents  an  authentic 
expression  of  the  signatory's  views.  It  is  only  when  we  desire  to  go 
behind  the  latter  that  a  close  examination  of  the  MSS.  is  necessary. 
There  are  traditions  of  old  times,  just  as  there  may  be  rumours  of 
to-day,  that  in  a  certain  minister's  despatches  we  can  recognize  the 
handiwork  of  an  imperious  colleague  or  of  a  gifted  subordinate.  We 
should  usually  seek  in  vain  to  establish  such  a  fact  from  the  evidence 
of  handwriting  ;  but  not  infrequently  the  identification  of  the  hands  in 
the  case  of  marginalia,  postscripts  or  endorsements  will  have  a  sen- 
sational interest.  For  the  most  part,  however,  such  personal  traits  are 
confined  to  "minutes"  or  observations  written  on  the  dorse  or  margins 
of  despatches  or  other  documents  received  by  the  government,  and 
historical  students  are  debarred  from  making  any  use  of  these  indica- 
tions by  the  standing  rules  of  the  government  departments. 

{h)     Contractions. 

The  prevalence  of  contracted  words  in  official  documents  is  at 
least  as  noticeable  as  in  the  case  of  literary  MSS.  An  attempt  to 
establish  the  existence  of  certain  distinctions  between  the  method 
employed  in  both  cases  would  scarcely  be  profitable,  but  at  the  same 
time  it  might  not  be  altogether  unpracticable.  If  it  be  true  that  the 
real  object  of  this  device  was  to  economize  materials  and  labour,  it 
might  be  supposed  that  an  official  establishment  could  have  afforded 
to  dispense  with  such  an  expedient  on  either  score.  Against  this 
view  it  might  reasonably  be  argued  that  the  official  expert  would  be 
tempted,  by  the  very  facility  of  his  art,  to  indulge  in  cryptic  forms 
which  would  have  few  attractions  for  the  lay  mind. 

As  it  is,  we  shall  perhaps  find  that  the  extent  to  which  use  was 
made  of  the  ordinary  compendia  by  official  scribes  varies  according  to 
the  period  and  style  of  the  writing,  equally  with  the  practice  observed 


Palaeography  387 

in  the  case  of  private  compositions.  Thus  the  writing  of  an  original 
royal  charter  or  private  deed  of  the  nth  or  12th  centuries  will  as 
a  rule  be  very  slightly  contracted,  whilst  an  official  register,  like  a 
monastic  cartulary  or  history,  may  be  intensely  abbreviated. 

Again,  in  the  13th  and  following  centuries,  original  instruments  of 
all  kinds  are  usually  written  at  greater  length  than  the  enrolments  or 
entries  of  the  same  that  are  preserved  for  reference  in  the  shape  of 
legal  Records  and  Books  of  Remembrance. 

Now  as  the  latter  only  have  been  consistently  preserved  in  official 
custody,  it  follows  that  documents  contained  in  archives  will  pre- 
sumably show  more  signs  of  contraction  than  private  muniments  or 
literary  MSS.  This  obvious  deduction  will  certainly  apply  to  the 
great  classes  of  Chancery  Enrolments  and  Judicial  Pleadings  which 
are  also  seen  to  be  more  systematically  contracted  than  local  returns 
or  registers.  In  the  case  of  Ministers'  Accounts  and  Court  Rolls 
preserved  in  official  or  private  collections  the  writing  was  performed 
by  the  same  agency.  Here  again,  however,  the  advantage  (or 
disadvantage)  rests  with  the  official  collection  which,  by  force  of 
survivorship,  has  become  possessed  of  the  larger  share  of  a  class  of 
documents  that  are  specially  subject  to  contraction  from  their  very 
nature. 

Whether  any  general  distinction  can  be  made  between  the  two 
classes  of  writings  in  respect  of  the  form  of  contraction  respectively 
employed,  is  more  than  doubtful.  Perhaps  we  should  find  a  larger 
proportion  oi  compendia  in  the  shape  of  initial  letters  amongst  official 
compilations  such  as  Accounts  and  Pleadings.  We  may  also  notice 
a  more  systematic  method  of  abbreviating  familiar  or  recurring  terms, 
titles  and  the  names  of  persons  or  places,  but  this  practice  is  perhaps 
chiefly  noticeable  on  account  of  the  frequent  employment  of  such 
words  in  the  composition  of  official  documents.  On  the  other  hand 
special  or  abnormal  forms  of  contraction  are  comparatively  rare  in 
legal  Records,  though  some  are  found  in  connexion  with  fiscal  or 
curial  practice. 

For  all  this  it  is  certain  that  the  purely  conventional  signs  of 
contraction,  whether  by  strokes  or  by  letters  above  the  line,  arc  made 
on  the  same  plan  in  both  classes  of  MSS.,  except  that  official  scribes 
from  the  13th  century  onwards  made  their  mark  in  the  careless  and 
irregular  fashion  that  we  should  naturally  associate  with  a  more 
cursive  writing.  The  distinction  which  may  be  observed  between  the 
compendia  used  in  mediaeval  Latin  and  I'Vench  documents,  respectively, 
has  been  referred  to  above.    It  is  possible  that  the  general  uncertainty 


388  Palaeography 

which  prevails  with  regard  to  the  precise  rendering  of  the  Anglo- 
French  compendia  is  partly  due  to  the  want  of  an  adequate  list  of  forms 
in  facsimile.  Such  lists  indeed  are  found  in  foreign  manuals^  but 
these  forms  will  be  found  to  differ  materially  from  those  which  com- 
monly occur  in  Anglo-French  MSS.  On  the  other  hand  there  are 
some  points  of  agreement  in  the  respective  methods  employed  by 
Continental  and  insular  scribes.  Of  these  the  most  noticeable  are 
perhaps  the  treatment  of  the  initial  letters  q^  and  s^  in  minuscule 
script  and  of  the  final  letters  d  ^  and  z^,  the  last  of  these  being  a  fertile 
source  of  difficulty.  Again  there  is  the  philological  difficulty,  besides 
the  necessity  for  at  least  an  elementary  knowledge  of  the  Old 
French  Accidence  and  Syntax.  For  example  the  English  student 
will  at  once  recognize  such  compendia  as  chter  and  nre,  but' he  will 
often  extend  them  as  "  chevalier "  and  "  notre,"  whilst  the  forms 
of  "  Monseigneur,"  "  Messire,"  "Seigneur"  and  "Sieur"  will  occasion 
him  more  than  a  momentary  perplexity. 

There  is  one  distinction,  indeed,  between  the  official  and  private 
writings  of  a  later  period  which  is  so  well  marked  that  it  cannot  fail 
to  attract  our  notice.  The  persistent  use  of  contractions  in  the 
Records  and  State  Papers  of  the  i6th  and  17th  centuries  and  even  of 
later  times  may  be  regarded  as  the  survival  of  a  conventional  device, 
as  necessary  to  the  minds  of  legal  pedants  as  the  use  of  Tallies  or  of 
Roman  numerals".  In  one  aspect,  this  survival  appears  as  a  mere 
imitation  of  the  mediaeval  forms  of  contractions  which  may  be  found 
in  purely  legal  Records  as  late  as  the  reign  of  George  II.  Indeed 
such  contractions  are,  if  anything,  more  numerous  in  the  later 
period  than  at  any  other  time,  and,  owing  to  scribal  flourishes  and 
exaggerations,  they  are  even  more  difficult  to  decipher.  The  same 
method  was  to  some  extent  resorted  to  in  abbreviating  the  vernacular 
script  during  the  i6th  century,  and  a  somewhat  grotesque  effect  is 
caused  by  its  use  in  the  rescripts  of  Henry  VIII  or  the  despatches  of 
Lord  Burghley. 

But  side  by  side  with  these  traditional  forms  new  compendia  are 
found  in  English  official  documents  of  the  Tudor  and  Stuart  periods. 
Here  the  abbreviation  of  frequently  recurring  words  is  effected  by  the 

'  e.g.  In  the  excellent  manuals  of  Prou,  Reusens  and  Capelli. 
2  i.e.  The  backward  stroke  of  the  tail  of  this  letter  to  indicate  the  elision  of  the  u. 
*  i.e.  The  long  s  with  a  curved  line  indicating  the  omission  of  er. 
^  i.e.  For  dit  in  such  compounds  as  du  dit,  &c. 

^  This  letter  is  not  only  used  for  ue  and  et  as  in  Latin  contractions,  but  also  for  s  or  even  ts. 
^  Witness  the  well-known  stories  of  the  failure  of  indictments  in  which  flaws  were  found 
in  respect  of  unintelligent  renderings  of  certain  compendia. 


Palaeography  389 

simple  device  of  omitting  some  syllables  or  letters,  the  contraction 
being  indicated  by  a  full  stop  or  a  letter  above  the  line'.  Initial 
letters  are  also  frequently  used  for  familiar  titles  or  persons  and  may 
be  doubled  in  the  classical  style  to  denote  the  plural  number*.  Again 
some  saving  of  labour  and  space  was  presumably  effected  by  the 
practice  of  running  two  words  together,  one  or  more  letters  being 
usually  omitted  in  the  process*. 

The  abolition  of  Latin  as  the  official  script  of  legal  Records  in  the 
year  173 1  was  naturally  followed  by  the  complete  disuse  of  the  con- 
ventional mediaeval  contractions.  Their  place  was  taken  by  a  casual 
and  arbitrary  expedient  which  had  been  more  or  less  in  evidence 
since  the  Restoration. 

This  method  of  contraction  was  usually  effected  by  retaining  the 
first  and  last  letters  of  a  word  and  omitting  one  or  more  intermediate 
letters*.  Sometimes  the  contraction  was  indicated  by  raising  the  last 
letter  above  the  line.  In  other  cases  a  contraction  sign  was  employed 
which  resembles  that  still  used  in  so-called  "Record  type."  It  will  be 
found  that  in  the  case  of  words  derived  from  Latin,  the  method  of 
contraction  resembles  that  found  in  mediaeval  MSS.*  At  the  same 
time  most  of  the  recognized  contractions  of  English  script  that  occur 
in  the  State  Papers  of  the  i6th  and  17th  centuries  were  preserved  in  a 
somewhat  debased  form,  and  to  these  a  number  of  special  forms  must 
be  added  from  the  Departmental  Records  of  the  i8th  century.  The 
best  known  of  these  forms  arc  perhaps  the  mysterious  initial  letters 
which  appear  in  the  Records  of  the  War  Office  and  Admiralty, 
denoting  the  several  ratings  of  ships  and  men"  and  their  disposition  in 
the  serviced  The  same  system,  however,  was  applied  to  the  adminis- 
trative business  of  other  departments,  and  is  still  employed  to  a  very 
considerable  extent  in  the  official  routine  of  the  present  day. 

'  e.g.  Ho.  Hon'.  Lo.  Lp.  yo'.  for  "  Honour,"  '*  Lord,"  "  Lordship,"  "your"  mtpectively. 
M'  and  D'  are  survivals  of  this  practice. 

2  e.g.  L.  and  LL.  for  "  Lord  "  and  "  Lords."  K.  for  "  King,"  \c.  The  habit  of  indicating 
individuals  by  initial  letters  was  even  more  common  in  the  i8th  century  and  is  not  unknown 
in  the  present  day. 

»  e.g.  " Th'agrement "  for  "The  agreement,"  "shalbe"  for  "shall  be,"  &c. 

*  e.g.  "Atty"  (Attorney),  "complt."  (complainant),  "deft"  (derendant).  "resply"  (fe- 
spectively),  "afsd"  (aforesaid),  &c. 

■  "Exaied"  (examined),  "exor"  (executor). 

•  e.g.  H.S.  (Hospital  Ship),  F.S.  (Fire-Ship),  A.  B.  (Able-bodied),  L.  M.  (Landunan), 
P.  (Post  Captain),  &c. 

'  e.g.  D.  (Discharged),  D.  D.  (Discharged  dead),  R.  (Ran,  »./.  dewrtcd),  D.  S.  Q. 
(Discharged  to  Sick  Quarters),  &c. 


390  Palaeography 

it)     Extensions. 

If  there  is  little  to  distinguish  the  official  system  of  "brachyo- 
graphy"  from  that  employed  in  the  case  of  literary  or  liturgical  MSS. 
it  does  not  follow  that  the  modern  method  of  extending  these  con- 
tracted forms  will  be  the  same  in  both  cases.  In  the  first  place  it  has 
been  the  custom  to  reproduce  MSS.  such  as  "Histories"  or  "Lives"  in 
an  extended  form  instead  of  attempting  to  imitate,  or  at  least  to 
indicate,  the  abbreviations  of  the  scribe  by  means  of  typographical 
devices. 

In  the  case  of  official  documents,  however,  the  opposite  practice 
has  been  largely  followed,  and  some  explanation  of  this  fact  would 
seem  to  be  required.  Possibly  the  question  of  expediency  has  not 
been  raised  in  connexion  with  literary  MSS.  for  the  mere  reason 
that  the  compendia  representing  the  vocabulary  of  such  MSS.  are 
comparatively  simple  or  at  least  purely  conventional.  On  the  other 
hand,  owing  to  the  prevalence  of  technical  terms,  and  the  frequent 
references  to  persons  and  places,  it  must  be  evident  that  the  extension 
of  official  documents  is  a  matter  of  far  greater  difficulty.  A  frank 
hesitation  to  undertake  this  difficult  task  would,  therefore,  scarcely  be 
surprising.  Unfortunately  the  attitude  adopted  with  regard  to  this 
question  during  the  past  century  is  not  simply  permissive.  The  con- 
tracted Record  has  been  regarded  as  something  sacro-sanct  in  virtue 
of  the  conventional  and  often  arbitrary  method  of  an  unknown  scribe. 
To  tamper  with  it  by  way  of  extension  is  forbidden  with  passionate 
vehemence,  and  all  kinds  of  austere  devices  have  been  resorted  to 
in  order  to  reproduce  these  primitive  expedients  of  an  age  that  was 
not  blessed  with  cheap  paper  and  cheaper  ink. 

To  touch  upon  the  subject  of  the  extension  of  contracted  words  in 
official  documents  is  therefore,  of  necessity,  to  be  perilously  didactic. 
And  yet  it  might  fairly  be  thought  that  the  time  has  come,  when  some 
argument,  however  inconclusive,  for  the  consistent  use  of  extensions 
deserves  a  hearing. 

Indeed  it  would  seem  useless  to  describe  the  several  methods  of 
contraction  unless  we  may  suppose  that  it  is  possible  or  desirable 
to  understand  their  meaning.  It  is  certainly  possible,  with  a  sufficient 
knowledge  of  the  forms  of  the  mediaeval  alphabet  and  signs  of  con- 
traction, to  make  a  faithful  copy  of  the  original  MS.,  and  this  without 
realizing  the  full  meaning  of  the  exemplar.  The  thing  is  done  every 
day,  and  very  worthy  and  industrious  persons  have  for  centuries  past 
made  a  hard-earned  living  by  the  practice.     We  might  even  entertain 


Palaeography  39 1 

reasonable  doubts  as  to  whether  the  mediaeval  scribe  himself  would 
have  been  able  to  realize  the  exact  forms  of  many  names  or  phrases 
which  he  systematically  abbreviated,  according  to  the  manner  of  his 
kind.  The  question  therefore  naturally  arises  "Is  it  necessary  or 
expedient  to  attempt  more  than  a  literal  presentment  of  the  original 
MS.  ?"  To  support  these  scruples,  many  would  point  out  the  obvious 
difficulties  and  dangers  attending  such  a  course.  Instead  of  merely 
transferring  a  visual  impression  of  the  ancient  script  to  modern  fools- 
cap, it  would  be  needful  to  translate  the  compendia  into  a  recognized 
vocabulary  and  appropriate  parts  of  speech.  Now  this  process  would 
involve,  in  the  case  of  mediaeval  documents  at  least,  in  addition  to 
proficiency  in  the  Latin  grammar  and  syntax,  some  knowledge  of 
mediaeval  history,  geography,  and  biography,  and  perhaps  also  of 
philology,  archaeology,  and  "  Diplomatic."  Even  when  these  ac- 
complishments have  been  laboriously  acquired,  there  is  considerable 
risk,  we  might  be  told,  of  misinterpreting  the  compendia  of  the 
scribe — of  confusing  some  place  or  person  or  thing  with  another. 

It  may  be  admitted  that  to  mislead  confiding  readers  is  a  grievous 
offence;  but  whether  such  stumbling  blocks  are  greater  than  those 
caused  by  a  contracted  text  is  a  question  which,  perhaps,  is  only  one 
of  degree.  Moreover,  the  confidence  of  the  reader  is  not  to  be 
assumed  without  some  reserve.  Experience  would  probably  .show 
that  the  intelligent  and  considerate  reader  is  capable  of  adjusting 
such  defects  for  himself  from  personal  observation  or  local  knowledge. 
Whether  the  critic  has  already  proclaimed  these  errors  from  the  house- 
top, matters  very  little  after  all.  Let  us  admit  then  that  labour  must 
be  incurred,  and  the  supposed  danger  faced  in  such  a  task,  for  tran- 
scribers and  editors  are  only  human,  and  errors  will  creep  into  the 
most  careful  work.  But  with  these  admissions,  let  us  also  point  to  the 
net  gains  that  will  accrue.  In  the  first  place  the  distinction  hitherto 
made  between  the  treatment  of  literary  and  official  MSS.  will  cease  to 
exist.  Secondly,"  Record  type"  and  other  artificial  devices  for  indicating 
abbreviations  will  become  wholly  obsolete.  Thirdly,  a  new  impulse 
will  be  given  to  the  intelligent  study  of  mediaeval  antiquities  by  the 
requirements  of  modern  scholarship  which  will  probably  deter  future 
writers  from  citing  documents  the  precise  meaning  of  which  they 
confessedly  do  not  understand.  Whether  the  mere  copyist  of  MSS. 
should  be  under  the  .same  obligation  is  a  somewhat  difficult  question 
which  involves  a  consideration  of  the  morality  of  editing  MSS.  without 
a  personal  examination  of  the  script,  and  moreover  the  intervention  of 
the  mechanical  copyist  may  be  eventually  dispensed  with  through  the 


392  Palaeography 

progress  of  the  photographic  art.  To  prescribe  a  method  of  extension 
—  even  such  as  shall  be  applicable  solely  to  official  MSS. — does  not 
come  within  the  scope  of  a  descriptive  essay.  Apart  from  this,  the 
existing  methods  will  be  found  to  depend  on  individual  tastes  and 
requirements  no  less  than  on  the  apparatus  available  in  every  case.  It 
can  scarcely  be  said  that  any  recognized  system  as  yet  prevails,  though 
the  precedents  furnished  by  literary  texts  have  naturally  been  followed 
as  far  as  they  apply  to  the  present  case.  To  a  more  limited  extent 
use  has  been  made  of  the  correct  and  graceful  models  furnished  by 
Continental  editors  ^  These  scholars  at  least  are  capable  of  extending 
English  documents  with  as  much  ease  and  certainty  as  they  display  in 
respect  of  native  documents,  which,  in  the  matter  of  extension,  may 
be  regarded  as  beyond  the  capacity  of  most  English  antiquaries. 
The  accuracy  of  the  above  generalization  is  only  too  fully  confirmed 
by  an  analysis  of  the  process  employed  in  the  existing  Record  Publi- 
cations. Here  we  find  that  prior  to  the  year  1892  the  official  editions, 
represented  chiefly  by  the  texts  of  the  Record  Commission,  are  either 
printed  in  "  Record  type,"  or  are  left  unextended  without  any  attempt 
to  imitate  the  compendia  of  the  original  document^. 

The  publications  of  learned  societies  and  individual  editions  pro- 
duced during  the  same  period,  though  occasionally  revealing  greater 
enterprise,  are  based  upon  similar  methods*.  It  must  be  admitted 
that  some  progress  has  been  made  in  this  direction  during  the  last  few 
years,  and  perhaps  only  a  little  moral  courage  is  required  to  complete 
the  evolution  of  a  consistent  method  of  extension  in  the  case  of  more 

^  Cf.  Roles  Gascons,  edited  by  C.  Bemont. 

^  The  exceptions  to  this  practice  are  unimportant,  but  in  1893  a  fully  extended  edition 
oi  Placita  Parliamentaria  (1305)  was  produced  by  Professor  Maitland  though  this  can  scarcely 
be  regarded  as  a  typical  Record.  Complete  extensions  of  excerpts  from  Records  also 
occur  in  Mr  L.  O.  Pike's  edition  of  the  Year-Books,  and  in  the  edition  of  the  Red  Book  of  the 
Exchequer  in  the  same  series  (1891 — 1897)  an  attempt  was  made  by  the  present  writer,  for  the 
first  time,  to  extend  a  Record  on  a  large  scale,  following  the  Continental  method  referred  to 
above.  These  attempts  have  at  least  lightened  the  labour  of  other  workers  in  the  same 
field. 

*  The  texts  published  by  municipal,  legal  and  ecclesiastical  corporations  are  not,  with  few 
exceptions,  concerned  with  the  present  subject.  A  large  number  of  those  issued  by  local 
societies  are  in  the  form  of  Translations  or  Abstracts.  Some  of  the  Record  texts,  especially 
of  the  Surtees  and  Camden  Societies,  are  ostensibly  extended ;  but,  as  in  the  case  of  the 
official  publications  mentioned  below,  the  extensions  are  not  completely  carried  out.  These 
omissions  are  frequently  unimportant,  but  it  is  in  respect  of  the  trivial  compendia  that  it  is  usually 
a  matter  of  difficulty  to  ascertain  the  conventional  extension.  For  instance,  in  such  terminations 
as  "vill,"  "ton,"  "ford,"  it  is  an  interesting  speculation  whether  the  style  of  the  period  or 
the  idiosyncrasy  of  the  scribe  require  the  necessary  extension  to  be  made  by  a  final  "a,"  "  e  " 
or  "ia"  respectively.  These  are  points  which  can  usually  be  ascertained  with  a  little  trouble, 
but  the  trouble  must  be  taken  if  the  extension  is  to  be  regarded  as  complete. 


Palaeography  393 

than  one  important  series'.  Happily  too,  the  last  influential  support 
of  "  Record  type"  has  been  removed  with  the  conversion  of  the  Pipe 
Roll  Society,  and  this  device  is  only  fitfully  employed  in  the  by-ways 
of  antiquarian  literature.  The  chief  use  of  this  debased  and  worthless 
method  is  reserved  for  "ofifice-copies"  of  the  Public  Records  exhibited 
in  the  Courts  of  Law  where  antiquarian  knowledge  is  necessarily 
subservient  to  material  interests. 

Provided,  therefore,  that  the  student  is  furnished  with  an  extended 
text,  the  literal  form  of  the  printed  version  of  a  mediaeval  MS.is  a  matter 
of  secondary  importance.  At  the  same  time  it  may  fairly  be  a  subject 
of  regret,  to  those  who  have  the  historical  rather  than  the  philological 
interests  of  students  at  heart,  that  the  form  in  question  should  present 
further  obstacles  to  the  uninitiated.  It  is  surely  a  needless  waste  of 
time  to  those  who  only  regard  Palaeography  as  the  means  of  reaching 
a  desired  end  that,  in  addition  to  the  hindrance  caused  by  "  Record 
type"  and  other  devices,  mediaeval  forms  should  also  be  imported 
into  modern  type,  in  perpetual  memory,  as  it  were,  of  the  fact  that 
certain  letters  of  our  modern  alphabet  are  mere  excrescences  upon  a 
classical  model. 

However,  this  fastidiousness  has  at  least  the  merit  of  consistency, 
whilst  it  is  undeniably  correct.  The  student,  therefore,  must  con- 
form to  its  edict  and  must  learn  to  extend  MSS.  both  according  to 
this  new  method  and  the  older  one  authorized  by  the  Rolls  Series 
of  Chronicles  and  Memorials.  He  must  also  learn  to  read  an  extended 
printed  text  in  the  modern  style  which  eschews  the  diphthong 
and  the  letters  j  and  v,  imitates  the  initial  vowel  v,  and  employs 
modern  capitalization  sparingly  or  under  protest.  This  rather  severe 
discipline  will  be  found  essential  in  any  system  of  practical  instruction  ; 
for  what  is  a  pure  joy  to  the  scholar,  is  a  bewildering  innovation  to  the 
novice  who,  left  to  his  own  devices,  would  simply  shirk  the  task  and 
take  refuge  in  an  obsolete  but  readable  edition*.  Perhaps  the  question- 
able policy*  above  referred  to  is  based  upon  a  misapprehension  of  the 
requirements  of  the  majority  of  readers  of  historical  texts.    That  these 

'  In  the  Rolls  Series  (Calendars  and  Texts),  since  1892,  it  has  l)een  the  practice  to  extemi 
in  full  with  the  exception  of  certain  names  of  persons  and  places,  which,  though  sufficiently 
obvious,  might  possibly  form  the  subject  of  controversy. 

In  the  case  of  the  Selden  Society's  publications  the  use  of  "  Record  type,"  by  which  th« 
earliest  volumes  were  disfigxiretl,  has  now  l)een  abandoned  in  favour  of*  method  of  extension 
which  still  more  nearly  approaches  completeness. 

*  The  above  remarks  do  not  necessarily  apply  to  post-graduate  students. 

3  This  has  at  least  been  called  in  question,  and  some  plain  (peaking  on  the  subject  roaj  be 
found  in  the  Revue  Historique  (XLVU.  114,  LMI.  133,  LXIV.  134);  cf.  alio  TVwmmtMmm 
R.  Hist.  Soc.  N.  S.  IX.  174,  and  the  Register  ej the  Great  Seat  of  Sctlltmd,  Vol.  I.  Prd»oe. 

as-s 


3  94  Palaeography 

requirements  are  of  the  most  elementary  description  is  shown  by  the 
very  fact  that  in  more  than  one  instance  it  is  thought  necessary  to 
annex  an  English  translation  to  this  pure  mediaeval  print.  But  what 
is  really  required  by  most  people  is,  not  a  hybrid  facsimile  in  special 
type,  but  a  version  modernized  to  meet  the  exigences  of  the  existing 
system  of  typography  so  far  as  concerns  alphabet,  capitalization  and 
punctuation.  In  all  other  respects,  and  notably  in  the  preservation  of 
the  original  spelling,  the  version  will  reproduce  the  original  MS. 
extended  according  to  the  indications  afforded  by  the  scribe.  If 
more  than  this  is  desired,  as  may  not  seldom  be  the  case,  the  additional 
information  afforded  by  a  few  archaic  letters  and  an  unintelligent 
punctuation  will  be  of  little  service  compared  with  an  actual  facsimile 
which  some  people  would  still  regard  as  the  only  satisfactory  method 
of  reproducing  a  mediaeval  Record. 


^_ 


=^~>3 


o 

bfi 

2; 

C 

H 

♦^ 

S 
^ 

X 

> 

(A 

'S 

ii 

Ij 

3 

o 

o 

25 

, 

U 

t— t 

o 

X 

z 

•— < 

o 

c 

H 

2 

3 

w 

o 

> 

eu 

u 

cu 

u 

bo 

C 

< 

O 

z 

1 

«> 

i 

3 

u 

X 

en 

t« 

3 
C 

bd 

m] 

ii 

BQ 

< 

t^ 

«      2 


o-    -^      < 


y    ^ 


I 


■^     b 


kl      :;i 


5 


^     N, 


■-•o  — 

S 

^ 

w 

■o" 

X 

:^     bc 

o  -7        s  c 

^^ 

rie  i-  —  2  « 

2 

^ 

S3           hO^ 

"3 

C4 

3 

~  u 

-.H 1 

t: 

*: 

S 

\l    Ej: 

'J 

5  3       *  a 

5u    :^u 
>> 

a. 

rH  E 

•§ 

1 

^ 

*3 

•J 

_'^_^ ,  1 

.•5 

J 

.a 

\% 

.^ 

s 
S 

I.I 

>;      ■« 

•|i- 


APPENDIX    II. 

Classification  of  the  Bibliography  of  Palaeography. 

The  following  classification  is  intended  to  assist  the  selection  of  published 
works  which  deal  chiefly  with  official  documents. 

The  classification  adopted  here  is  intended  to  emphasize  a  distinction 
in  point  of  date  of  publication.  Possibly  most  of  the  early  authorities 
might  be  dispensed  with  by  those  students  who  have  access  to  the  more 
recent  works  which  have  not,  unfortunately,  as  yet  found  their  way  into 
many  public  libraries  of  this  country. 

A.  Bibliography  of  Bibliographies. 

(a)     Early  publications. 
(d)     Modern  publications. 

B.  General  Authorities. 

(a)     Early. 
(d)     Modern. 

C.  Special  Authorities. 

I.     National  writings. 

1.  England. 
(a)  Early. 
(d)     Modern. 

2.  Scotland,  Ireland  and  Wales. 
(a)     Early. 

(^)     Modern. 

3.  Other  national  writings. 

i.     Italy.     (Papacy  and  States.) 
(a)     Early. 
(d)     Modern. 


Appendix  II  397 

ii.     Germany.     (Empire.) 

(a)     Early. 

{b)     Modern, 
iii.     France. 

(a)  Early. 
{b)     Modern. 

iv.     Spain. 

{a)     Early. 

(b)  Modern. 
II.     Miscellaneous. 

(History  of  Archives,  Materials  of  Writing,  Ciphers  and 
Shorthand,  Watermarks,  Illuminations  and  Marginal 
Drawings,  Autographs,  &c.) 

D.  Dictionaries  of  Abbreviations. 

(a)     Early. 
ip)     Modern. 

E.  Collections  of  Facsimiles. 

i.     General. 

{a)     Early  reproductions. 

(b)     Modern         „ 
ii.     England. 

(a)  Early  reproductions. 
(^)     Modern        „ 

iii.     Scotland,  Ireland  and  Wales. 
{a)     Early  reproductions. 

(b)  Modern         „ 

iv.     Other  national  writings. 

(rt)     Early  reproductions. 
(^)     Modern         „ 


TABLE   OF    MATTERS^ 


Accounts,  Royal,  307-310,  337,  338; 
"  Foreign,"  231,  309  ;  Continental,  system 
of>  307  >  agrarian,  307 ;  diplomatic  of, 
308-310;  construction  of,  308,  309;  classi- 
fication of,  55,  56,  59,  77,  78,  97,  98, 
131,  308-310.  See  Surveys,  see  Inqui- 
sitions, see  Records,  see  Departmental 
Records 

Acknowledgments,  see  Charters  (Later) 

Addresses,  see  Petitions 

Admiralty  Courts,  see  Writs  (Great  Seal) 

Admiralty  Departments,  see  Departments, 
see  Departmental  Records 

Admiralty  Records,  see  Departmental  Re- 
cords, see  State  Papers,  see  Warrants,  see 
Instruments  (Departmental) 

Affidavits,  see  Records,  see  Charters  (I^ter) 

Agriculture,  Board  of,  see  Departments 

Aliens,  see  Denization,  see  Departmental 
Records 

America  and  West  Indies,  see  State  Papers 

"Ancient  Correspondence,"  see  Letters,  see 
Records 

"Ancient  Deeds,"  see  Charters  (Anglo- 
Norman  and  Later) 

Ancient  Indictments,  see  Records,  see 
Inquisitions  (Statutory),  see  Judicial 
Proceedings 

Appointments,  see  Letters  (Patent),  see 
Departmental  Records 

Approbation,  see  Warrants 

Arc  ha  /udaeorunt,  see  Charters  (Later) 

Archives  (English),  i-i<i3  passim;  custody 
of,  7,  87-89;  neglect  ofj  7  ;  the  "Science  ' 
of,  6,  loi  sq. ;  study  of,  6-12;  publi- 
cation of,  4-n,  13,  18,  20,  50,  75  sq., 
82  sq.,  90,  99-tio;  definition  of,  i; 
history  of,  13-51,  iii-n8;  custinly  of, 
13-52,  111-128;  classification  of,  53- 
74,  129-143;  analysis  of,  75-100,  I44- 
149;  bibliography  of,  28,  loi-i  10,  150- 
153.  350.  35'.  396.  397;   diplomatic  of, 


'57-35';  palaeography  of,  355-397  J 
Continental,  6,  10,  loi,  158,  355;  local, 
21,  22,  1 15-118;  departmental,  7-10,  43- 
52,  70  sq.,  89  sq.,  123-128,  141-143, 
149.  See  Records,  see  State  Papers,  see 
Departmental  Records 

Assart,  see  Writs,  see  Forests,  see  Charters 
(Anglo-Norman) 

Assignment,  see  Charters  (Later),  j<k  Instru- 
ments (Semi-official) 

Assistance,  see  Writs  (Great  Seal) 

Assizes,  see  Courts  of  Law,  see  Records,  see 
Inquisitions,  see  Chapters  of  the  Fyre 

Attorney,  Letters,  &c.,  of,  set  Charters 
(I^ter) 

Attornment,  see  Charters  (Anglo-Norman) 

fiaga  de  Secretis,  see  Judicial  Proceedings 
Bibliography,  see  Sources,   see   Diplomatic, 
see  Palaeography,  see  Archives,  see  State 
Papers,  see  Departmental  Records 
Bi-lingual    Charters,    see   Charters    (Anglo- 
Norman) 
Bills,  see  Privy  Seal  Writs,  see  Signet  Letters, 

see  Warrants,  see  Pleadings 
Bonds,  see  Charters  (Later) 
Borders,  see  State  Pajiers 
Bretons'  I^nds,  see  Inquisitions  (Statutory) 
Breviates,  see  Inquisitions  (Fiscal) 
Butler,  see  Warrants,  Departmental 

Calendars,  see  Recorls,  see  State  Papers,  set 
Bibliography 

Camera  Regis,   15,   18,   19,  215,  120,   )6o 

Cartularies,  see  Charters,  see  Judicial  Pro- 
ceedings 

Carucage,  set  Inquisitions  (Fiscal) 

Caveat,  see  Instruments  (Secretarial),  tm 
Warrants  (for  Issues) 

Certificates,  see  Charters  (Later),  ttt  Depart- 
mental Records 

Chancellor,  antiquity  of  the  office  of,  163- 


'  As  an  extensive  Index  seemed  to  be  out  of  keeping  with  the  character  of  a  volume  of 
Essays  which  has  no  pretensions  to  the  ]K>sition  of  a  Manual,  the  names  of  Penoos  and 
Places,  being,  with  a  few  exceptions,  only  mentioncti  incidentally  in  this  work,  have  not 
been  indexed.  The  frequently  recurring  titles  of  Slate  offices,  l«»cal  repositories  of  Archives, 
classes  of  documents  and  technical  terms  conncctc<l  with  the  subject -mailer  of  the  EiMljrt 
have  been  briefly  tabulateil  in  the  following  |>agcs.  They  have  also  liccn  imlicaled  in  a 
Table  of  Contents  and  brought  together  in  voluminous  Appendices.  NametuM 
references  arc  given  in  the  footnotes. 


400 


Table  of  Matters 


i68,  215,  227  sq.;  duties  of  the,  assumed 
by  the  Secretaries  of  State,  61,  229,  275 

Chancery,  Enrolments,  218,  227  sq.,  249 sq., 
263  sq.;  warrants,  230,  270  sq.,  275  sq., 
331  sq.,  see  Warrants;  Memoranda,  230, 
231,263;  Fees,  349;  Records  of  the,  iSsq., 
30,  61,  81,  86,  129,  130,  162  ;  establish- 
ments of  the,  15,  18  sq.,  30,  61,  161, 
163-168,  175,  215,  227  sq. ;  Seals  of  the, 
see  Seals;  on  the  Continent,  163  sq.,  173, 
i74i  I77>  189  sq.,  201,  204,  205,  208,  211, 
241,  257,  281,  322;  the  pre-Conquest 
or  Old  English,  163  sq.,  208-211;  the 
Anglo-Norman,  164  sq.,  215  sq. ;  the 
later  mediaeval,  227  sq.;  see  Courts  of 
Law,  see  Records 

"Chancery"  hand,  see  Palaeography 

Channel  Islands,  see  State  Papers 

"Chapters"  of  the  Eyre,  see  Inquisitions,  see 
Judicial  Proceedings,  see  Eyre 

Charters,  Anglo-Norman,  201-226,  310,  326; 
bi-lingual  forms  of,  204,  207-210;  special 
forms  of,  222  sq.,  327;  evolution  of,  205, 
2 1 1-2 14;  diplomatic  of,  204,  208-227, 
347  ;  palaeography  of,  356,  364  sq.  ; 
authenticity  of,  181  sq.,  205,  207-211; 
confused  with  Writs,  174,  204,  205, 
208  sq.,  210-212;  formulas  of,  204,  210, 
219-226;  private  forms  of,   225  sq.,  327 

Charters,  Anglo-Saxon,  163-207,  310,  322, 
326;  preservation  of,  14,  175,  178-182, 
186-189  ;  preparation  of,  166-168,  175- 
177,  186-189;  authenticity  of,  14,  180- 
189,  208-211,  339-341;  diplomatic  of, 
183  sq.,  189  sq.,  208-211,  339-341,  347; 
special  forms  of,  327;  palaeography  of, 
355-.S58,  360-365,  374,  395;  formulas  of, 
167  sq.,  183  sq.,  189-211,  341-346; 
publications  of,    163,   177  sq.,   190 

Charters,  Later  or  Conventional,  227-240, 
327,  328;  replaced  by  Letters  Patent,  237 
sq.  ;  private  forms  of,  244  sq. ;  semi- 
official forms  of,  244  sq.,  335  .sq.  ;  special 
forms  of,  233,  234,  237,  238,  327,  328 

Church  Books,  see  State  Papers 

Church,  Instruments  relating  to  the,  164  sq., 
175  sq.,  187  sq.,  248,  257,  258 

Ciphers,  see  State  Papers,  see  Departmental 
Records,  see  Palaeography  (Contractions) 

Civil  List,  see  Departmental  Records 

Classification  of  Documents,  see  Archives, 
see  Records,  see  State  Papers,  see  Depart- 
mental Records 

Clerks,  see  Chancery,  see  Palaeography 
(Scriptorium) 

Close  Rolls,  see  Chancery  Enrolments 

Codex,  see  Charters  (Anglo-Saxon) 

"  Cokets,"  see  Charters  (Later) 

Collations,  see  Letters  (Patent) 

Collector  and  Transmitter,  see  State  Papers 

Colonial  Office,  see  Departments,  see  State 
Papers,  see  Departmental   Records 

Colonies,  see  State  Papers 

Commissariat  Department,  see  Departments, 
see  Departmental  Records 

Commissions,   see    Writs    (Great    Seal    and 


Smaller  Seals),  see  State  Papers,  see  De- 
partmental Records,  see  Instruments 

Composite  Charters,  see  Charters,  see  Con- 
firmations, see  Inquisitions  (Fiscal),  see 
Instruments 

Computate,  see  Fiscal  Writs 

Concords,  see  Charters,  sec  Fines 

Confirmations  (Charters,  Letters  Patent), 
176,  213,  222,  225,  240-244,  328;  new 
practice  respecting,  under  Henry  III, 
241 

Confirmations  (private),  see  Charters  (Anglo- 
Norman) 

"Conge  d'elire,"  see  Writs  (Great  Seal),  see 
Warrants  for  issue 

Constat,  see  Letters  (Patent) 

Continental  Chanceries,  see  Chancery,  see 
Writing 

Contrabreve,  see  Fiscal  Writs 

Contractions,  used  in  official  writings,  386- 

389 

Contracts,  see  Charters  (Later) 

"  Contrariants,"  see  Inquisitions   (Statutory) 

Controlment  Rolls,  see  Records,  see  Judicial 

Proceedings 
Conventions,    see    Charters    (Anglo-Saxon), 

see  Charters  (Anglo-Norman),  see  Treaties 
Conveyances,     see     Charters      (Later),     see 

Feoffments 
Cornwall,  Duchy  of,  see  Records  (repositories 

Coroners'  Rolls,  see  Inquisitions  (Judicial) 
Corrodies,  see   Charters    (Later),  see   Inqui- 
sitions (Judicial) 
Corrodies    (Templars'),    see    Judicial     Pro- 
ceedings 
Council,  Records   of  the,    36,    40,   229,    see 

State  Papers,  see  Departments 
"Court-hand,"  see  Palaeography 
Court    Rolls,    see   Records,    see    Documents 

deposited 
Courts  of  Law  (Chancery,  Exchequer, 
King's  Bench,  Common  Pleas,  local  and 
abolished  Courts),  16  sq.,  54  sq.,  81  sq., 
Ill  sq.,  163,  213,  214,  2IS,  223,  228, 
229,  233,  245  .sq.,  257,  260,  284,  292, 
298,  299-304,  312  .sq.,  317,  326,  370-373 
Credentials,     see    Writs    (Great     Seal),     see 

Instruments 
Curia  Ke^is,  see  Courts  of  Law 
Cursitors,  see  Chancery,  see  Records 
Cursive  writing,  see  Palaeography 
Customs,     see     Departments,     see    Depart- 
mental Records,  see  ' '  Cokets  " 

Debentures,  see  Charters  (Later),  see  Depart- 
mental Records 

Decrees,  see  Chancery 

Deed  Polls,   see  Charters  (Later) 

Denization,  see  Letters  (Patent) 

Departmental  Records,  definition  of,  60, 
61,  89,  99,  100;  methods  of  study  of, 
90  sq.  ;  custody  of,  43-52,  123-128,  231; 
classification  of,  70-74,  141-143;  analysis 
of,  89-100,  149;  bibliography  of,  50,  89, 
100,    loi-iio,    150-153;    diplomatic  of, 


Table  of  Matters 


401 


272  sq.,  276  sq.,  334  sq. ;  Lists  of,  70, 
90  sq.,   loi  sq. 

Departments,  Public,  history  of  the,  43  sq.; 
Records  of  the,  see  Departmental  Re- 
cords 

Depopulations,  see  Inquisitions  (.Statutory) 

Diplomatic,  186,  257,  258;  progress  of  the 
study  of,  157  sq. ;  methods  of  the  study 
of,  160  sq. ;  bibliography  of,  ro2,  158, 
161,  350,  351;  of  Records,  161,  281-326, 
312  sq.,  337,  338;  of  Charters,  writs  and 
mediaeval  instruments,  157-269,  327-332; 
of  Letters,  State  Papers  and  later  instru- 
ments, 270-280,331-335;  of  private  and 
semi-official  instruments,  205,  206,  225, 
226,  244-248,  3.?.=;-337 

Disafforestation,  see  Forests 

Dispensations,  see  Writs  (Great  Seal),  see 
Diplomatic 

Docquets  (Chancery),  230,  269,  275,  348 ; 
(Secretarial),  275,  348 ;  (Departmental), 
279 

Documents,  deposited,  47,  59,  73,  98,  123- 
iMpassiin,  336,  337 

Documents  (historical),  use  of,  i,  2  ;  preser- 
vation of,  4-6 ;  publication  of,  4,  5 ;  dis- 
covery of,  I,  8  ;  bibliography  of,  loi  sq., 
150  sq.;  palaeography  of,  159,  355-397; 
diplomatic  of,  157-351.  See  Archives,  see 
Records,  see  Sources 

Domesday  Survey,  see  Inquisitions  (Fiscal), 
see  Charters  (Anglo-Saxon) 

Domus  Conversorum,  see  Records  (Custody 
of) 

"Dormant"  Warrants,  see  Writs 

Drafts,  see  Letters,  see  Departmental  Records 

Durham,  see  Records  (repositories  of) 

Ecclesiastical  Courts,  see  Writs  (Great  Seal) 
Ecclesiastical  Records,  see  Church 
Elections,  see  Parliament,  see  Church 
Entry   Books,  see  letters,  see  Records,   see 
State  Papers,  see  Departmental   Records 
Escheats,     see     Records,     see     Inquisitions 

(Feudal) 
Establishments,  see  Archives,  see  Chancery, 
see  Departmental  Records,  see  Warrants 
Estreats,  see  Accounts,  see  Doccjuets 
Exchange,  see  Writs  (Great  Seal) 
Exchequer    and    Audit    Office,    see   Depart- 
ments, see  Departmental   Records 
Excise,  see  Inland   Revenue 
Exemplifications,  see  Confirmations 
Exemption,  see  Charters  (Later),  see  Letters 

(Patent) 
Extensions,  of  mediaeval  contractions,  390- 

394 
Extents,  see  Surveys  (Agrarian) 
Eyre,  "  Chapters  "  of  the,  300-304,  317  sq., 

see  Inquisitions  (Statutory) 

Fairs,  see  Markets 

Fee-farm,  see  Charters  (Anglo-Norman) 
Feoffment,  see  Charters  (Anglo-Norman) 
Feudal    Incidents,  s^e   Inquisitions  (Fi.scal), 
see  Inquisitions  (Feudal) 


Feudal  Service,  see  Inquisitions  (Fiscal) 

Fiat,  see  Warrants  for  Issue 

Fines,  see  Chancery,  see  Charters  (Later), 
see  Records,  see  Judicial  Proceedings 

Fiscal  Writs,  see  Writs  (Great  Seal) 

"  Foreign  "  Accounts,  see  Accounts 

Foreign  correspondence,  see  State  Papen, 
see  Departmental  Records 

Foreign  Office,  see  Departmenl.s,  see  State 
Papers,  see  Departmental  Records 

Forests,  see  Charters  (Anglo-Norman  and 
I^ter),  see  Inquisitions  (Statutory),  set 
Warrants  (Secretarial) 

Forfeited  Estates,  see  Inquisitions  (Statutory), 
see  Departmental  Records 

Forma  Inqnisitionis,  see  Inquisitions 

Formulas,  see  Charters,  see  Writs,  see  Re- 
cords, see  Inquisitions,  see  Pleadings,  see 
Diplomatic 

Foundation,  Charters  of,  see  Charters 
(Anglo-Saxon) 

Frank-almoigne,  see  Free  Alms 

Free  Alms,  see  Charters  (Anglo-Norman) 

French,  Records  written  in,  see  Palaeo- 
graphy (Old  French) 

Full  Powers,  see  Writs  (Great  Seal),  see 
Treaties,  see  Instruments 

"Geld  inquest,"  see  Inquisitions  (Fiscal) 
General  Surveyors,  see  Courts  of  Law,  see 

Records 
Grants,  see  Charters,  see  Writs,  set  Warrants 
Grants  of  arms,  see  Warrants  (departmental), 

see  Charters  (Later) 
Great  Seal,  see  Seals 

Half-Cursive,  see  Palaeography 

Half-Uncial,  see  Palaeography 

Hanaper,  see  Chancery,  see  Seal,  set 
Records 

Hidage,  see  Inquisitions  (Fiscal) 

History,  Auxiliary  studies  of,  10,  75-77, 
101  sq.,  150  sq.,  161,  350,  351  :  Divisions 
and  subjects  of,  77,  78,  9^),  108- no,  150- 
'53.  350.  35'  ;  Meth(xls  of  Study  of, 
I  sq.,  8  sq.,  74  sq.,   109,   no,   158,  356 

Homage,  set  Charters  (I^ter) 

Home  Office,  see  Departments,  tu  State 
Papers,  see  Departmental  Records 

Household,  Ruyal,  163  sq.,  115,  in%  sq  , 
264,  see  Departments  set  State  Paners, 
see  I)e|)artmental  Records,  stt  Writs 
(Smaller  Seals),  tee  Warrant» 

"  Hundred  Rolls," /^^  In<(uisitions(Slalutory) 

Immediate  Warrant,  jw  Warrants  for  Issue 
Inclosurc    award*,    st*    Depopulatkma,    ttt 

Close  Rolls 
Incor(x>ration,  stt  Charten  (Ijiter) 
Indentures,  f<r  Charters,  (I^ter) 
Indentures  of  War,  stt  Charters  (Ijtier) 
Indexes,  stt  Records,  sn  Slate  Papers,  ne 

Dc|>artmenial  Keconls,  ttt  Bibliography 
Indictments,   stt   Records,    ttt   InquisitiofU 

(judicial) 
Informations.  x<^  Judicial  Proceedings 


402 


Table  of  Matters 


Inland  Revenue,  j^^  Departments,  see  Depart- 
mental Records 
In-Letter,  see  Letter 
Innotescimus,  see  Confirmations 
Innovation,  see  Confirmation 
Inqnisitio    Cantabrigiensis,    see    Inquisitions 

(Fiscal) 
Inquisitio  Eliensis,  see  Inquisitions  (Fiscal) 
Inquisitions,    judicial,     300-306,     315-326; 

diplomatic  of,  282-326 
Inquisitions,  Royal,  281-326,  337  sq.;  Con- 
tinental, 280-284,  3i9>  322  j  Fiscal, 
284-295;  Feudal,  295-297;  Statutory  or 
Political,  297-306,  315  sq. ;  Administra- 
tive, 297-304,  315  sq. ;  Remedial,  301-303, 
315  sq.;  Punitive,  301-306,  315  sq. 
Inspeximns,    see   Confirmations,    see   Letters 

(Patent) 
Instructions,  see  Departmental  Records 
Instruments,    see    Charters,    see    Writs,    see 

Warrants,  see  Church 
Instruments  (Departmental),   276-280,  335 
Instruments  (Official),  327-335 
Instruments  (Secretarial),  275,  276,  332-334 
Instruments  (Semi-ofiicial),  244-248,  335,  336 
Interpolations  in  Charters,   182  sq.,  224 
Inventions,  see  Writs  (Great  Seal) 
Inventories,  see  Accounts,  see  Records 
Ireland,  see  Records,  see  State  Papers 

Jews,  see  Charters  (Later),  see  Inquisitions 

(Statutory) 
Journals,  see  Departmental  Records 
"Judaism,"  see  Jews 
Judgment  Rolls,  see  Records 
Judicial  Proceedings,  Records  relating  to,  see 

Records,   see   Pleadings ;    Diplomatic   of, 

311-326,  338 
Justices  Itinerant,  see  Eyre,  see  Assizes,  see 

Records 

King's  Bill,  see  Warrants  for  Issue 
King's  Letters,  see  Letters,  see  State  Papers 
"Kirkby's    Quest,"  see  Inquisitions   (Statu- 
tory), see  Judicial  Proceedings 
Knight's  Service,  see  Inquisitions  (Fiscal) 

Lancaster,  Palatinate  and  Duchy  of,  see 
Records  (repositories  of) 

"  Land-bocs,"  see  Charters  (Anglo-Saxon) 

Legations,  Records  relating  to,  85,  258,  274, 
279;  Archives  of,  70,  .f^^  State  Papers,  see 
Departmental  Records 

Letters,  mediaeval,  270,  271  ;  connexion  of, 
with  Writs,  270  sq. ,  275  sq. ;  formulas  of, 
270  sq.,  275  sq.  ;  modem,  evolution  of, 
272  sq.;  formulas  of,  272sq.;"  Royal,"  274- 
276,  334,  335;  departmental,  90-92,  276, 
2771  335)  missive,  see  Signet  Letters; 
Patent,  229  sq.,  249  sq.,  263  sq.,  329-3^0; 
Close,  229  sq.,  253  sq. ;  under  the  Great 
Seal,  see  Writs,  see  Charters,  see  Letters 
Patent,  Jif^  Seals;  under  the  Smaller  Seals, 
see  Writs,  see  Warrants,  see  Privy  Seals, 
see  Signet  Letters 

Liberate,  see  Fiscal  Writs 


Liberties,  Charters  of,  see  Charters  (Anglo- 
Norman) 

Licences,  Jtr  Writs  (Great  Seal),  see  Warrants 

Lists,  see  Records,  see  State  Papers,  see 
Departmental  Records,  see  Bibliography 

Livery  of  Seisin,  see  Charters  (Anglo-Saxon), 
see  Writs  (Great  .Seal) 

Loans,  see  Letters,  see  Writs  (Smaller  Seals) 

Logs,  see  Departmental  Records 

Lunatics,  see  Inquisitions  (Feudal) 

Mainprises,  see  Records,  see  Charters  (Later) 
Majuscule  Writing,  see  Palaeography 
Malefactoribtts,    de,   see   Inquisitions    (Statu- 
tory) 
Mandate,  see  Chancery,  see  Writs,  see  Letters 

Patent,  see  Letters  Close 
Markets,  see  Charters  (Anglo-Norman) 
Marque,  Letters  of,  see  Admiralty  Court 
Marshalsea,  see  Writs  (Great  Seal) 
Memoranda  Rolls,  see  Records 
Methodizers,  see  State  Papers 
Ministerial    Proceedings,    see    Records,    see 

Inquisitions 
Ministers'     Accounts,     see     Accounts,     see 

Documents  deposited 
Mhiislris,  de,  see  Inquisitions  (Statutory) 
Mint,    see    Departments,    see   Departmental 

Records 
Minuscule  Writing,  see  Palaeography 
Minutes,  see  Departmental  Records 
Miscellaneous,  see  Records,  see  State  Papers, 

see  Departmental  Records 
Missives,  see  Writs,  see  Warrants,  see  Letters 
Muster  Rolls,  see  Departmental  Records 

National  Debt  Office,  see  Departments, 
see  Departmental  Records 

Navy  Board,  see  Departments,  see  Depart- 
mental Records 

Nolutnus,  the  clause,  2:52 

Nomina  Villarum,  see  Inquisitions  (Statu- 
tory) 

Normans'  Lands,  see  Inquisitions  (Statutory) 

Notarial  Instruments,  see  Instruments,  see 
Documents,  see  Chancery,  see  Charters 
(Later),  see  Palaeography 

Notitia,  see  Writs,  see  Instruments,  see 
Documents 

Oaths,  see  Charters  (Later),  see  Instruments 
(Semi-official),  see  Documents 

Obligations,  see  Bonds 

Office,  Grants  of,  see  Charters,  see  Writs, 
see  Warrants 

Offices  (Government),  see  Departments 

Out-Letters,  see  Letters 

Orders,  see  Departmental  Records,  see  Instru- 
ments (Departmental) 

Ordnance  Records,  see  Departmental  Re- 
cords 

Palaeography,  of  official  documents,  159, 
355-397 ;  Bibliography  of,  396,  397  ;  of 
Continental  archives,  355  sq.,  395;  of 
Old  English  charters  and  writs,  175-177, 


Table  of  Matters 


403 


360-365,  374  ;  of  Anglo-Norman  charters 
and  writs,  363  sq.,  374  sq. ;  of  mediaeval 
writing  in  Latin,  365-368 ;  of  mediaeval 
writing  in  French,  368,  369  ;  of  later 
official  writing,  369-373  ;  terminology  of, 
376-382  ;  tests  employed  in,  38359. 

Pancarta,  see  Confirmations 

Pardons,  ^^^  Writs  (Great  Seal),  see  Warrants 

Parliament,  Proceedings  relating  to,  231-233, 
256,  257 

Passage,  see  Exchange 

Passes,  see  Instruments  (secretarial),  see 
State  Papers 

Patent  Rolls,  see  Chancery  Enrolments 

Pay  Books,  see  Departmental  Records 

Paymaster  General,  see  Departments,  see 
Departmental   Records 

Pensions,  see  Charters  (Later) 

Perdonavimtis,  see  Fiscal  Writs 

Petitions,  see  Chancery,  see  Records,  si-e 
State  Papers,  see  Departmental  Records 

Petty  Bag,  see  Chancery,  see  Records 

Pipe  Rolls,  see  Records,  see  Accounts 

Placita  Aulae,  f^^  Judicial  Proceedings 

Plantations,  see  State  Papers 

Pleadings,  Records  of,  see  Records ;  in  diplo- 
matic form,  31  r,  312,  322  ;  on  Inquisitions, 
322-326;  construction  of,  322  sq. ;  recon- 
struction of,  326 

Post  Office,  see  State  Papers,  see  Depart- 
mental Records 

Poundage,  see  Inquisitions  (Fiscal) 

Precedent  Books,  see  Records,  set  State 
Papers,  see  Departmental  Records 

Precept,  see  Letters  (Patent),  see  Chancery 

Presentations,  j<f<' Writs  (Great  Seal) 

Privy  Seal  Writs  and  Letters,  61,  258  sq., 
263  sq.,  275  sq.,  331,  332 

Proclamations,  62,  132  sq.,  233,  262 

Prohibition,  see  Letters  (Patent) 

Protections,  see  Charters  (Later),  see  Writs 
(Great  Seal) 

Prothonotary,  see  Chancery,  see  Judicial  Pro- 
ceedings 

Proxies,  see  Charters  (Later),  see  Notarial 
Instruments,  see  Church,  see  Parliament 

Purprestures,  see  Inquisitions  (Feudal) 

Quit-claims,  see  Releases 

Quo  Warranto,  see  Inquisitions  (Statutory) 

Ragemannis,  de,  see  Inquisitions  (Statutory), 

see  Inquisitions  (Judicial) 
Rebellibus,  de,  see  Inquisitions  (Statutory) 
Recall   (Revocation),  see   Instruments  (Sec- 
retarial) 
Receipts,  see  Charters  (Later) 
Recognizances,  see  Charters  (I^ter) 
Record  Office  (Public),  6,    25.    27  sq.,  49, 
III,     114,     115    sq.,    see    Records,    ste 
Archives 
Records,  custody  of,  i.V9<  1 1  i-iio;  classifi- 
cation  of,   60-70,    129-131  :   analysis  of, 
■   75-82,  144-146;  bibliography  of,  loi-iio, 
150-153;    repositories  (or  treasuries)  of, 
•3-'9.   75.   76.   iii-uo;  Welsh,  reposi- 


tories of,  22,  115  ;  Scottish,  22  ;  Local,  4, 
6,  7,  21,  29,  115;  Collectors,  Transmitters 
and   Methodizers  of,   40  sq. ;  methods  of 
study  of,  75  sq.,   loi  sq. ;    Diplomatic  of, 
56-60,  161,  281-326;  definition  of,  53 sq., 
59  sq.,  311;  evolution  of,  312-313;   an- 
tiquity of,  312-314;  Calendars  and  Lisu 
of,    23,   27  sq.,    53,    54,  58,   59,    79  sq., 
loi  sq.;  departmental,  see  Departmental 
Records 
Re-disseisin  Rolls,  see  Writs  (Great  Seal) 
References     (Secretarial),     268  ;     (Depart- 
mental), 280 
"  Register-hand,"  see  Palaeography   (Scrip- 
torium) 
Registers,    see    Letters,    see    Records,    see 
Departmental  Records,  see  Palaeography 
Registries,  see  Archives 
Releases,  see  Charters  (Anglo-Norman),  see 

Charters  (Later) 
Remembrance,  books  of,  see  Precedents 
Reports  (of  Law  Officers,  &c.),  268,  280 
Reports  of  Judicial  Proceedings,  jt"^  Judicial 

Proceetlings  (Records) 
Repositories,  see  Archives 
Reprieve,  see  Warrants  (Secretarial) 
Restitution,   see    Charters  (Anglo-Norman), 

see  Letters  (Patent) 
Returns,    see    Writs,    see    Inquisitions,    see 

Judicial  Proceedings 
Rolls,  see  Chancery,  see  Records,  see  Charters 

(Later),  see  Palaeography 
Royal   Assent,  see  Writs   (Great   Seal),  see 
Warrants  (Secretarial) 

Sacramental  Certificates,  see  Charters  (Later) 
Safe-Conducts,  see  Protections,  see  Pasaet 
Scotland,  see  Records,  see  State  Papers 
Scriptorium  (of  the  Chancery  and  Exchequer), 
•  63,  167,  176,  3 15.  »'9>  364-366, 374-379. 

384.  385 
Scutage,  su  Inquisitions  (Fiscal) 
Seals,  use  of,  before  the  Conquest,  168  aq., 
347 ;  use  of,  after  the  Conquest,  21 1, 115  sq., 
229,  347;  of  the  Confessor,  168 sq.;  Con- 
tinental  practice  of    affixing,    168,    173; 
Smaller,  229,  231,  158-169,337;  Fees  of 
the,  211.  349;  see  Privy  Seal,  set  Signet,  «v 
Charters,  ste  Writs 
Secretary  of   Slate,  see   State    Papers,  dm 
In.struments  (.Secretarial),  ste  Departmental 
Records 
Serjeanties,  see  Inquisitions  (Feudal) 
Sheriffs'  Aid,  ste  InquisilionN  (Fiscal) 
Sign    Manual,  see  Charten>  (Anglu-SasiHi); 
warrants  under  the,  130,  258  sq.,  }6jaq.. 


»75SS'  33«-334 
».  01, 
33 «.  .«» 


Signet  Ixrtters,  61,  959K|>«  •63K].,  «75  Klo 


Signet   Office,    ste   Departments,   «r  State 

Papers,  set  Slate  Pajicr  Office,  ste  Seals 
Sipiifiotvit,  tee  ( 'barters  ( I  j»tcr) 
Sources  (historii-nl),  drltnilion  i>f,  l-l 
SourccK  (official),  IntriHluclion  lo  the  Mudv 
of,  i-ii;  use  of,  7S»q>  :  )Mbi>iigni|)hy  ol, 
lOi-iiOt  150-153 


404 


Table  of  Matters 


Special  Commissions,  see  Inquisitions  (Statu- 
tory) 
Specifications,  see  Charters  (Later),  see  Writs 

(Great  Seal) 
State  Paper  Office,  history  of  the,  30-43,  50, 

51.  65sq. 
State  Papers,  custody  of,  36-43,    121,   122; 
classification  of,  60-70,  132-140;  analysis 
of,    70-74,    147,    148;    bibliography    of, 
loi-iio,    150-153;   diplomatic  of,    270- 
276,    348  ;    methods   of  study  of,  84  sq. ; 
definition   of,    83  sq.,    270  sq.,    275  sq.  ; 
Calendars  of,  82,  85-88,  loi  sq. ;  formulas 
of,  270  sq. 
State,    Secretary  of,    see   State   Papers,    see 
Departmental     Records,     see     Chancery ; 
official    instruments    connected    with   the 
office  of,  275  sq. 
State   Trials,    see   Records,   see   Inquisitions 

(Statutory),  see  Judicial  Proceedings 
Stationery  Office,  see  Departments 
Statutes,  see  Letters  (Patent),  see  Parliament 
Statutes,  Enrolments  of,  231,  233,  256,  257 
Statutes  Merchant,  see  Charters  (Later) 
Statutes  Staple,  see  Charters  (Later) 
Summons  to    Parliament,   see   Writs   (Great 

Seal) 
Surrenders,    see    Charters    (Anglo-Norman), 

see  Charters  (Later) 
Surveys,    Agrarian,     281-284,    307;    Con- 
tinental, 281,  282,  307,  355  ;  Parliamentary, 
306 

Tallies,  Exchequer,  15,  304,  307,  325,  378 

Taxatio  (1254-91),  see  Inquisitions  (Fiscal) 

Templars,  see  Inquisitions  (Statutory),  see 
Corrodies 

Terms,  Palaeographical,  379-382 

Tests,  Diplomatic,  see  Charters  (Anglo- 
Saxon) 

Tests,  Palaeographical,  382-386 

Texts,  see  Bibliography 

Thegns,  Charters  granted  to,   176,    187  sq. 

Tithes,  see  Inquisitions  (Fiscal) 

Trade,  Board  of,  see  State  Papers,  see  State 
Paper  Office,  see  Departmental  Records, 
see  Departments 

"  Trailbaston,"  see  Inquisitions  (Judicial) 

7'ranscripts,  see  Bibliography 

Transmitter,  see  Collector 

Treasurer  (Household),  see  Warrants  (de- 
partmental) 

Treasury,  see  Departments,  see  State  Papers, 


see  Departmental  Records,  see  Instruments 
(departmental),  see  Warrants 

Treaties,  see  Chancery,  see  State  Papers,  see 
Departmental  Records,  see  Writs  (Great 
Seal) 

Tri-lingual  Instruments,  see  Writs,  see  War- 
rants, see  Letters,  see  Palaeography  (Old 
French) 

Ulnager,  see  Warrants,  departmental 

"Vagabond     Monks,"     see     Warrants,    see 

Church 
Valor  Ecclesiasticus,  see  Inquisitions  (Fiscal) 
Vidimus,  see  Confirmations 
Volutnus,  the  clause,  252 

Wales,  see  Archives,  see  Records 

War    Office,     see    Departments,    see    State 

Papers,    see    Departmental    Records,    see 

Instruments  (departmental),  see  Warrants 

(departmental ) 

Wardrobe,    15  sq.,   61,    82,   212,    229,   250, 

275.   349 

Warrants,  see  Seals,  see  Writs 

Warrants,  Immediate,  267  sq.,  348  ;  Chan- 
cery, see  Chancery  (warrants) ;  Secretarial, 
275  sq.,  331  sq.  ;  Departmental,  277  sq., 
331  sq.  ;  for  Issue,  263-269;  formulas  of, 
266  ;  later  procedure  for,  267-269,  348 

Warranty,  see  Charters  (Later) 

Warren,  see  Charters  (Anglo-Norman),  see 
Charters  (Later) 

Williamson,  Sir  J.,  see  State  Papers 

Wills,  see  Charters  (Anglo-Saxon),  see 
Documents  deposited 

Wilson,  Sir  T.,  see  State  Papers 

Works,  Office  of,  see  Departments,  see  De- 
partmental Records 

Writing,  official,  types  of,  358,  360-373,  395 

Writs,    original  and  judicial,   57,  213,  214, 

250.  3i5-3'7'  322 
Writs,  pre-Conquest  or  Old  English,  169-174, 
201-21 1,  347;  formulas  of,  201-207, 
219-222;  "versions"  of,  205,  208-211; 
post-Conquest  or  Anglo-Norman,  205, 
207,  208  sq.,  211-214,  216-222,  347; 
Assart,  223  ;  or  Letters  under  the  Great 
Seal,  213,  233,  234,  249-258,  270,  328 sq.; 
under  the  Smaller  Seals,  2 58-269,  2  70,  2 7 1 , 
331  sq.  ;  "Dormant,"  262;  of  Summons 
(Exchequer),  308,  310;  of  Inquisition, 
249  sq.,   284  sq;,  297  sq.,  312  sq. 


CAMBRIDGE:     PRINTED    BY  JOHN    CLAY,   M.A.    AT  THE    UNIVERSITY    PRESS. 


v,.^'*'* 


RETURN  TO  the  circulation  desk  of  any 
University  of  California  Library 
or  to  the 
NORTHERN  REGIONAL  LIBRARY  FACILITY 
BIdg.  400,  Richmond  Field  Station 
University  of  California 
Richmond,  CA  94804-4698 

ALL  BOOKS  MAY  BE  RECALLED  AFTER  7  DAYS 

•  2-month  loans  may  be  renewed  by  calling 
(510)642-6753 

•  1-year  loans  may  be  recharged  by  bringing 
books  to  NRLF 

•  Renewals  and  recharges  may  be  made  4 
days  prior  to  due  date. 

DUE  AS  STAMPED  BELOW 


p£C  1 7  fWXl 


12.000(11/95) 


^ 


\ 


-,L)9-40in-3.'66(Gll5984)4U 


,iM,  ^. "'"'.:  ::rA'e«ARi£s 


coMes^itm 


